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(영문) 대구지방법원 2017.09.19 2016가단131271
사해행위취소
Text

1.(a)

A sales contract concluded between the defendant and B on September 20, 2016 with regard to real estate stated in the separate sheet was 93,964.

Reasons

1. Basic facts

A. On October 30, 2013, the Plaintiff: (a) concluded a credit guarantee agreement, the occurrence of a credit guarantee accident, and the subrogation (1) on the part of the Plaintiff; (b) provided each credit guarantee with respect to the loan obligations to the Bank of Korea as of October 29, 2014; (c) on October 29, 2014, the term of guarantee; (d) on October 30, 2013, the small and medium enterprise loans of the subject of loan; (e) the amount of the loan; (e) KRW 744,400,000,000 as the guaranteed amount; and (e) October 29, 2014, each credit guarantee agreement between the Plaintiff and B provided each credit guarantee agreement between the Plaintiff. According to each of the above credit guarantee agreements between the Plaintiff and B, B shall pay the amount subrogated to the Plaintiff; (e) the amount of delay, penalty, subrogated payment

3) However, on October 4, 2016, a credit guarantee accident occurred where B did not pay each of the above loans. Accordingly, on October 24, 2016, the Plaintiff paid 841,606,564 won to the Industrial Bank of Korea on October 24, 2016, but collected part of the amount and appropriated it for the repayment of principal, and thus, there remains 839,08,484 won in subrogation. (4) Meanwhile, the rate of damages prescribed in Article 35 of the Credit Guarantee Fund Act is 10% per annum from February 1, 2016, and the amount of final damages for the portion appropriated for principal by the Plaintiff collected part of the amount of indemnity against the Defendant was 689 won, and the Plaintiff spent 6,050,015 won as expenses in legal proceedings for the collection of indemnity claims.

B. B on September 20, 2016, on September 20, 2016, the real estate indicated in the separate sheet (hereinafter “instant real estate”) between the Defendant and the Plaintiff.

2) As to the sales contract, the sales contract is set at KRW 530 million (hereinafter “instant sales contract”).

After the conclusion of the contract, the Daegu District Court received No. 155753 of the same month from the 27th of the same month, and completed the registration of ownership transfer in the future of the Defendant. 2) The Defendant purchased the instant real estate from the Plaintiff and thereafter.

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