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(영문) 서울중앙지방법원 2020.07.08 2018가단5132687
사해행위취소
Text

1. Defendant A and Defendant B jointly and severally share KRW 4,169,105 with respect to the Plaintiff and the Plaintiff, from May 17, 2018 to May 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1 against the Defendant Company and the Defendant Company: (a) around October 2013, the Plaintiff entered into a credit guarantee agreement with the Plaintiff on October 15, 2018 on the grounds that the credit guarantee principal was 20,000,000 won; and (b) Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation under the said credit guarantee agreement. On October 15, 2013, the Defendant Company borrowed KRW 20,000,000 from D Bank under the Plaintiff’s credit guarantee agreement. (b) On February 19, 2018, the Defendant Company notified the Plaintiff of the credit guarantee accident on the ground that “the principal amount was deferred on January 16, 2018”; and (c) the Plaintiff subrogated for KRW 4,221,255 to D Bank on May 17, 2018.

3) On May 17, 2018, the Plaintiff recovered KRW 52,150,00 from the amount of subrogated payment to KRW 4,169,105, and the amount of subrogated payment was 4,169,105. Under the credit guarantee agreement above, the rate of damages determined regarding the said subrogated payment is 10% per annum. (B) Nonparty E borrowed KRW 300,000,000 from Defendant C on January 25, 2017, and Defendant B jointly and severally guaranteed the above loan obligation of the said company.

2) The Defendant Company’s shares 8/49 of each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On February 20, 2018, Defendant C entered into a mortgage agreement with Defendant C on February 20, 2018, and the Seoul Southern District Court received on February 27, 2018, (a) concluded a mortgage agreement with Defendant C on February 27, 2018, (b) completed the registration of creation of a mortgage to Defendant C with the maximum debt amount of KRW 310,00,000, and (c) completed the registration of establishment of a

C) Around February 20, 2018, the Defendant Company held the instant real estate (100,216,057 won at a market price) and the vehicle transport equipment (115,216,057 won at a market price of KRW 15,00,00,000 at a price of KRW 15,216,057 at a price. However, in addition to the foregoing loan obligations to D Bank and the secured debt of the instant collateral security, the Defendant Company was also liable for national taxes, local taxes, administrative fines, and delinquent payments to the National Health Management Corporation.

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