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(영문) 인천지방법원 2015.09.15 2015가단216276
구상금
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 52,418,127 and KRW 50,82,478 among the Plaintiff.

Reasons

1. As to the claim for money, the Plaintiff entered into a credit guarantee contract with Defendant A under the joint and several sureties of Defendant A Co., Ltd. (hereinafter “Defendant A”), and the fact that the Defendant A was granted a loan from the Industrial Bank of Korea as collateral for the said credit guarantee and caused a guarantee accident under which the Industrial Bank of Korea would lose the benefit due to this natural body on October 6, 2014; the Plaintiff subrogated the Industrial Bank of Korea of February 26, 2015 for the amount of KRW 51,053,158 of the Defendant A’s loan to the Industrial Bank of Korea on February 26, 2015; and as of April 2, 2015, the amount of the claim for indemnity owned by the Plaintiff against the Defendant A and B is KRW 52,418,127 (= Principal amount of KRW 50,822,478 per annum and KRW 12% per annum, and there is no dispute between the Plaintiff and the Defendant A and the Defendant.

According to the above facts, Defendant A and B are jointly and severally liable to pay to the Plaintiff 52,418,127 won and 50,822,478 won from April 3, 2015 to May 18, 2015, with 12% per annum, which is an agreed delay damages rate, and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.

2. As to the claim for the revocation of fraudulent act

A. Comprehensively taking account of the purport of the entire pleadings as to whether a fraudulent act constitutes Gap evidence Nos. 6-1 through 4, Defendant B completed the registration of ownership transfer for each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on February 3, 2012 as a result of compulsory auction on February 3, 2012, and Defendant B completed the registration of ownership transfer for each of the instant real estate to Defendant AD Industry Development Co., Ltd (hereinafter “Defendant AD Development”) on October 8, 2014 in excess of the debt, the fact that the registration of ownership transfer for the instant real estate was completed on September 11, 2014.

As above, Defendant B’s act of disposing of the instant real estate in excess of its obligation would impair the obligee, barring special circumstances.

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