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(영문) 서울중앙지방법원 2014.09.26 2013가단5087607

사해행위취소

Text

1. As to real estate listed in Attachment 1:

A. Defendant B and Nonparty C entered into on November 21, 2012.

Reasons

1. Basic facts

A. On August 26, 2011, the Plaintiff provided a credit guarantee of the guaranteed principal amount of KRW 42,50,000 and June 30, 2016 with respect to the credit guarantee obligations for small and medium enterprise fostering funds to Korea Bank Co., Ltd. (hereinafter “Korea Bank”) (hereinafter “E”), a non-party corporation E (hereinafter “E”), and C and D, the representative director of E, jointly and severally guaranteed the claims for reimbursement against the Plaintiff.

B. Since February 29, 2012, E did not pay interest on loan obligations and did not pay national taxes, etc., the Korean bank notified the Plaintiff that it lost the benefit of the due date as of May 30, 2012 and caused a credit guarantee accident. On October 31, 2012, the Plaintiff subrogated to the Korean bank 43,494,383 won.

C. The Plaintiff applied for a payment order against E, C, and D to pay the remaining amount of KRW 39,05,163,00,000,000,000,000 for the remaining subrogation amount of KRW 38,947,175, and the final amount of damages, etc. The payment order for E and C was finalized by the Seoul Western District Court Decision 2012j8079, and D was not served with respect to D and it was transferred to the court as a litigation procedure, but the claim amount was in progress by the court No. 2013Ga9836, July 4, 2013.

C concluded a mortgage contract with Defendant A on November 21, 2012, and on the 26th of the same month, with regard to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1 of this case”), the registration of the establishment of a mortgage of KRW 48 million with the debtor himself/herself, and D concluded a mortgage contract with Defendant Han Soffa Company on July 10, 2012, with regard to the real estate listed in paragraphs 2 and 3 of the attached Table No. 2 and the attached Table No. 2 and 3 (hereinafter “real estate No. 2 and 3”) with the debtor, for which the registration of the establishment of a mortgage is completed with respect to the maximum debt amount of KRW 70 million with the debtor.

E. D’s establishment of the above right to collateral security was the only property for the real estate Nos. 2 and 3 of this case at the time of the establishment of the above right to collateral security, and C’s active property is equivalent to KRW 556 million, 1,000,000,000.