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(영문) 서울중앙지방법원 2016.10.21 2015가단5166283
사해행위취소
Text

1. It was concluded on April 15, 2014 between the Defendant and B on the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. (1) On September 16, 2010, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and B, setting the credit guarantee limit amount of KRW 14,450,00, and the term of guarantee as of September 16, 2015, with respect to the monetary obligations to be borne with a loan from the Epid Credit Union (hereinafter “Epid Credit Union”) between B and B, and issued a credit guarantee agreement to the Epid Credit Union on the same day.

(2) On September 16, 2010, 2010, the EFFF loaned KRW 17,000,000 to B with the due date set as September 16, 2015, on the security of the said credit guarantee certificate.

(3) On November 19, 2012, B lost the benefit of the term of the loan due to the delinquency in payment of principal. On February 1, 2013, the Plaintiff subrogated the principal and interest of the loan amounting to KRW 10,780,616 on the YYA. On the same day, KRW 81,700 on the same day, and KRW 1,156,738 on November 21, 2013 from November 21, 2013 to January 13, 2014 respectively, and appropriated it for the claim for reimbursement.

The balance of the claim for indemnity due to the Plaintiff’s subrogation is KRW 9,542,178 (i.e., KRW 10,780, KRW 616- KRW 81,700-1,156,738). The claims preservation expenses incurred by the Plaintiff are KRW 345,680, and the final damages are KRW 142,437.

(4) At the time of the conclusion of a credit guarantee agreement, B, when the Plaintiff performed a guaranteed obligation under Article 10 of the Credit Guarantee Agreement, agreed to pay damages according to the interest rate set by the Plaintiff within the limit of 25% per annum as stipulated in Article 28 of the Regional Credit Guarantee Foundation Act for the amount discharged after the date of performance. The interest rate set by the Plaintiff is 15% per annum from the date of performance until April 28, 2015, and 12% per annum from the following day.

B. A change in the relationship of rights as to the real estate indicated in Annex B’s attached real estate (hereinafter “instant real estate”) was not qualified for a loan under the internal regulations of a financial institution due to credit problems.

Accordingly, on November 3, 201, the Industrial Bank of Korea, B, and the Defendant agreed to provide loans of KRW 35,000,000 to B as real collateral.

Pursuant to the above arrangement.

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