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(영문) 서울북부지방법원 2019.04.18 2017가합28287

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “C”)

B) The following terms and conditions were entered into with each credit guarantee agreement, and C’s representative director, as well as C’s joint and several surety (hereinafter the above credit guarantee agreement is referred to as “1 and 2 credit guarantee agreement”) with respect to the above agreement, and the sum of each credit guarantee agreement is referred to as “each of the instant credit guarantee agreements.”

(2) The term of each credit guarantee agreement of this case was changed as of April 13, 2018, and April 11, 2018. Since then, the term of each credit guarantee agreement of this case was changed as of April 11, 2018. C, which was based on the guarantee certificate under each credit guarantee agreement of this case, obtained a loan from D and E, but did not perform its obligation to pay interest from April 1, 2017, 200, KRW 648,000,000, KRW 2,000, KRW 2,000,000 on April 111, 2017, 2017, KRW 850,000,000,000, KRW 850,000,000,000 under each credit guarantee agreement of this case.

Accordingly, the Plaintiff subrogated 860,092,410 won to E Co., Ltd. on November 17, 2017, and 656,49,983 won to D Co., Ltd. on December 20, 2017.

3) The Plaintiff recovered KRW 2,123,879, and the amount of final damages was 619 won. B) Meanwhile, on July 26, 2017, the Defendant collected KRW 2,123,879, and the amount of final damages was 619 won.

1. As to the real estate indicated in the list (hereinafter “instant real estate”), a mortgagee, C, the obligor, and the maximum debt amount of KRW 500,000,000 was concluded (hereinafter “instant mortgage contract”), and the registration of establishment of a collateral security (hereinafter “instant collateral security”) was completed with respect to the instant real estate by the Incheon District Court Branch No. 72897, August 2, 2017, which was received on August 2, 2017.

2 The instant real estate was sold through the F voluntarily auction procedure with the Busan District Court Branch, and the dividend on September 13, 2018 on the date of distribution implemented on September 13, 2018.