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(영문) 대전지방법원 2016.10.04 2016가단203992

사해행위취소

Text

1. Revocation of a contract of pledge indicated in the attached Form concluded between the defendant and B;

2. The defendant.

Reasons

1. Basic facts

A. 1) On May 3, 2013, the Plaintiff Company B (hereinafter “Nonindicted Company”) on May 3, 2013.

(2) On May 2, 2014, the credit guarantee principal and the credit guarantee principal were entered into a credit guarantee agreement with the end of May 2, 2014. On May 6, 2013, the non-party company obtained a loan of KRW 50,000,000 from the Industrial Bank of Korea as collateral, which was designated as the maturity date of payment on April 29, 2016. According to the credit guarantee agreement above, the non-party company paid a substitute payment and substitute payment to the Plaintiff. 2) The non-party company caused a credit guarantee accident due to business suspension on September 7, 2015. The Plaintiff paid KRW 50,567,10 to the Industrial Bank of Korea on behalf of the non-party company on behalf of the non-party company, and thereafter the Plaintiff paid KRW 594,552 by subrogation in relation to the claim for reimbursement.

B. 1) The Defendant is the mother of C, and C is the representative of the non-party company and the actual manager of the non-party company. 2) On November 20, 2013, the non-party company entered into a lease contract of KRW 30,000,000 for the lease deposit and KRW 600,000 for the rent month (hereinafter the above lease is referred to as “the lease”). The non-party company paid the deposit to E.

3) On September 14, 2015, the non-party company established a pledge on the instant lease deposit claim, the sole property of the non-party company, in order to secure a loan of KRW 30,000,000 against the Defendant and the non-party company on September 14, 2015 (hereinafter “instant pledge agreement”).

(B) On September 16, 2015, the Plaintiff and the Nonparty Company entered into a pledge agreement (Evidence A) with E on the same day, and sent to E a certificate of content that contains the Defendant’s establishment of the pledge right regarding the claim to return the lease deposit of this case. (The pledge agreement document (Evidence A) entered the date of the pledge agreement of this case as December 2, 2013.