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(영문) 대구지방법원 2020.10.29 2020가합200768

사해행위취소

Text

A. It was concluded on August 30, 2019 between Defendant B and E with respect to each real estate listed in the separate sheet Nos. 1 and 2.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) F Co., Ltd. (hereinafter “F”)

on October 26, 2017, G Co., Ltd. (hereinafter “G”)

between G and the amount of KRW 950,000,000,000,000 for the face value of the ticket issued by G (hereinafter “instant bonds”).

(2) The Plaintiff entered into a contract with a limited liability company specializing in asset-backed securitization established under the Asset-Backed Securitization Act, and entered into a contract with F on October 26, 2017, to acquire the instant bonds and other rights incidental thereto, by transfer of the bonds and other rights, immediately lose the benefit of the period, and pay interest at the rate of damages determined by the Credit Guarantee Fund for the outstanding principal and interest of the bonds from the date of loss of the period to the date of payment.

3) On September 20, 2019, G filed a petition for bankruptcy and lost the benefit of time for the instant bonds. As of September 19, 2019, the interest rate for the instant bonds was KRW 7,533,94 as of September 19, 2019, and the amount of damages determined by the Credit Guarantee Fund for the outstanding principal and interest shall be KRW 8% per annum. (B) As to each real estate listed in the attached Tables 1 and 2, E entered into a mortgage contract with the Defendant Co., Ltd. (hereinafter “Defendant B”) on August 30, 2019, and on September 3, 2019, the establishment registration of each of the maximum debt amount of KRW 100,000 as of September 3, 2019 was completed.

2) As to each of the real estate listed in the separate sheet Nos. 3 and 4, E entered into a mortgage agreement with Defendant C on August 30, 2019, and completed the registration of establishment of each of the maximum debt amount of KRW 100 million on September 3, 2019 to Defendant C. 3) On October 4, 2019, E (hereinafter “Defendant D”) with Defendant D Co., Ltd. (hereinafter “Defendant D”).