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(영문) 수원지방법원안양지원 2017.10.13 2016가합103243

사해행위취소

Text

1.(a)

On June 30, 2016, it was concluded on June 30, 201 with respect to the real estate listed in attached Table 1 list between Defendant A, C, B, and E.

Reasons

1. Basic facts

A. On February 5, 2014, the Plaintiff entered into a credit guarantee contract and the occurrence of a credit guarantee accident (hereinafter “G”).

B) As regards G’s loan obligations of KRW 300 million to G’s new bank, the guaranteed amount of KRW 270 million is KRW 270,000,000 and the guaranteed term of February 4, 2015 (hereinafter “the first credit guarantee agreement”).

(B) On June 29, 2015, with respect to loans worth KRW 50 million to the Industrial Bank of Korea of G on June 29, 2015, a credit guarantee agreement stipulated on July 1, 2016 as the guaranteed amount of KRW 40 million and the guaranteed term (hereinafter “instant credit guarantee agreement”) (hereinafter “instant credit guarantee agreement”), and when each credit guarantee agreement is combined, the term “each of the instant credit guarantee agreements” refers to each of the instant credit guarantee agreements.

(2) After the conclusion of the first credit guarantee contract of this case, G has been reduced to KRW 250 million and the term of guarantee was extended to August 4, 2016.

3) On June 1, 2016 (the instant credit guarantee agreement) and June 8, 2016 (the instant credit guarantee agreement), G generated a credit guarantee accident that would lose the benefit under the instant credit guarantee agreement. On July 25, 2016, the Plaintiff subrogated to the new bank for G’s debt amounting to KRW 40,536,008 in accordance with the instant credit guarantee agreement, and under the instant credit guarantee agreement, KRW 258,109,815, and KRW 40,536,008 on behalf of the Industrial Bank of Korea. (B) Meanwhile, E concluded a mortgage agreement with Defendant D on February 29, 2016 with respect to the instant real estate with the maximum debt amount of KRW 10,00,000 (hereinafter “instant mortgage agreement”). On March 2, 2016, the Plaintiff completed the registration of establishment of a mortgage to Defendant D on March 2, 2016.

2. Since June 30, 2016, E had the maximum debt amount of KRW 470 million between Defendant A and Defendant B, with the maximum debt amount of KRW 50 million as between Defendant B and Defendant C, respectively, with the maximum debt amount of KRW 50 million.