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(영문) 부산지방법원 2020.06.11 2019가단339877

사해행위취소

Text

1. Defendant A’s 22,201,349 won and 21,590,342 won among the Plaintiff’s 22,201,349 won annually from February 26, 2020 to April 2, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff’s prior right to indemnity and claim for indemnity against Defendant A (i) each credit guarantee agreement between Defendant A and Defendant A with the effect that the Plaintiff guarantees the obligation to repay the loan in obtaining the loan from each financial institution as follows (hereinafter “each credit guarantee agreement of this case”).

CE DF2) Defendant A submitted a credit guarantee under each credit guarantee agreement of this case and received a loan from each of the above lending institutions.

3) However, around July 21, 2019, Defendant A caused a credit guarantee accident by delinquency in paying the principal of each of the above loans, and the Plaintiff’s prior reimbursement claim occurred. (4) On February 26, 2020, the Plaintiff subrogated to the D Bank for the total amount of KRW 12,098,552 (interest of KRW 11,83,000 (interest of KRW 11,883,552) up to February 25, 2020, and the sum of the principal and interest of KRW 9,491,790 (interest of KRW 9,16,69, KRW 325,121) up to February 25, 2020.

The expenses incurred by Defendant A, due to the subrogation, etc., are KRW 611,007 for legal procedure costs, and the interest rate for delay applied by the Plaintiff to the credit guarantee agreement from October 1, 2018 is 10% per annum.

B. On May 14, 2019, Defendant A entered into a mortgage agreement with Defendant A on each of the real estate listed in the separate sheet owned by Defendant A (hereinafter “each of the instant mortgage agreements”). On the same day, the registration office was received on May 14, 2019, and the registration office was received on May 14, 2019. As to the 2 real estate listed in the separate sheet, the Gwangju District District Court’s Mayangyang Registry was received on May 14, 2019, and each of the maximum debt amounts of KRW 20 million was completed on May 14, 2019, with respect to the 2 real estate listed in the separate sheet (hereinafter “the establishment registration of each of the instant mortgages”).

C. Each of the instant mortgages contract against Defendant A’s insolvent.