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(영문) 인천지방법원 2017.09.06 2016가단253623

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the costs involved in the intervention are assessed against the Plaintiff’s Intervenor.

Reasons

1. Basic facts

A. The Plaintiff entered into a guarantee agreement (hereinafter “instant guarantee agreement”) with B (representative A, hereinafter “B”) as a guarantor, and with A as a joint guarantor, as follows, and B was loaned from the lending bank pursuant to the said guarantee agreement.

① The guaranteed amount of KRW 190,00,000 on June 22, 2015, the loan for small and medium enterprises under the loan, and June 22, 2016 (the change to June 22, 2017) < Amended by Presidential Decree No. 255, Jun. 22, 2015; Presidential Decree No. 27507, Jun. 22, 2016> (3) The guaranteed amount of KRW 25,00,00,000 on June 22, 2016; Presidential Decree No. 27477, Mar. 10, 2016; Presidential Decree No. 27775, Mar. 9, 2018>

After that, on October 25, 2016, a guarantee accident occurred on the current account of B, and on November 30, 2016, the Plaintiff paid the principal and interest of each guarantee loan to the lending bank on behalf of the lending bank.

As a result, B and A bears the Plaintiff’s “the principal and interest of the indemnity amounting to KRW 897,115,569 and the principal amounting to KRW 897,115,513” from November 30, 2016.

C. On September 9, 2016, A entered into a contract with the Defendant to establish the right to collateral security (hereinafter “instant mortgage contract”) with respect to the real estate indicated in the separate attachment (hereinafter “instant real estate”) owned by the Defendant, the maximum debt amount of which is KRW 80,00,000, and the debtor A and the mortgagee of the right to collateral security (hereinafter “right to collateral security”). On September 12, 2016, A completed the registration of creation of collateral security (hereinafter “right to collateral security”) with the Incheon District Court’s receipt of the registration office under Article 319185.

At the time of concluding the instant mortgage contract, A was in excess of his/her obligation in excess of his/her active property, and was the sole property of the instant real estate equivalent to the market value of KRW 180,000,000, and on May 19, 2010, prior priority mortgage was established, which was the obligor A and the Korea Credit Union for the debtor, the mortgagee A and the Korea Credit Union.

[Reasons for Recognition]