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(영문) 인천지방법원부천지원 2016.07.07 2015가단111459
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A sales contract concluded on March 12, 2015 between the Defendant and Nonparty B is concluded between the Defendant and Nonparty B.

Reasons

1. Basic facts

A. 1) The Plaintiff acquired the claim for indemnity on March 14, 2013 (hereinafter “Nonindicted Company”)

B Between the credit guarantee agreement (hereinafter referred to as the “instant credit guarantee agreement”) as described in the following table:

B, the representative director of the non-party company, was jointly and severally guaranteed all obligations owed by the non-party company to the Plaintiff under the credit guarantee agreement in this case. The non-party company, the representative director of the non-party company, was a joint and several surety (270,000,000 won (amended 225,000,000 won) for the term of guarantee for the guaranteed loan subject (amended 225,000,000 won) from March 14, 03 to March 13, 14 (amended 15,30,000,000 won) with a credit guarantee certificate as stated in paragraph (1) from the plaintiff under the credit guarantee agreement in this case, respectively, and the non-party company is a corporate bank (hereinafter referred to as the "corporate bank").

(3) The non-party company did not pay the principal and interest of the loan and caused a credit guarantee accident on March 13, 2015.

Accordingly, on June 25, 2015, the Plaintiff subrogated to a corporate bank for KRW 229,05,473 (= principal interest of KRW 225,00,000,000).

4) Meanwhile, when the Plaintiff performed the guaranteed obligation on the ground that the Plaintiff did not perform the obligation of the loans as set forth in the above (2), the non-party company agreed to reimburse the Plaintiff’s subrogated payment to the financial institution, damages for delay, guarantee fees, administrative fines, penalty, damages for delay, and advances arising from the credit guarantee agreement set forth by the Plaintiff. The rate of damages for delay under the credit guarantee agreement of this case is 12

As of the closing date of pleadings, penalty under the credit guarantee agreement of this case occurred in KRW 1,33,350, and legal procedure costs in KRW 1,750,786.

B. On March 12, 2015, B, etc., purchased and sold real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 65,00,000 (hereinafter “instant sales contract”).

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