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(영문) 수원지방법원안양지원 2017.11.15 2015가단111707

사해행위취소

Text

1. On December 5, 2014, each of the real estates listed in the separate sheet between the Defendants and E is concluded.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against E 1) The Plaintiff is the F Co., Ltd. (hereinafter “F”) on April 11, 2011.

(B) A credit guarantee agreement was concluded between 180,00,000 won and 180,000 won guaranteed period from April 21, 2011 to April 20, 2012. The F around that time entered into a credit guarantee agreement with the National Bank of Korea (hereinafter “National Bank”).

(C) A loan of KRW 180,000,000 was extended by April 17, 2015.

(2) On April 19, 2012, the Plaintiff entered into a credit guarantee agreement between F and F, the guaranteed amount of KRW 90,000,000, and the term from April 19, 2012 to April 18, 2013. The Plaintiff borrowed KRW 90,000,000 from a national bank as security a credit guarantee agreement based on the said credit guarantee agreement around that time.

(A) The term of guarantee after maturity was extended until April 17, 2015. 3) E guaranteed the F’s obligation to the Plaintiff in relation to each of the above credit guarantee agreements. 4) However, F caused a guarantee accident on January 7, 2015, resulting in the loss of each of the above loans to lose the benefit of time, and the Plaintiff subrogated for KRW 273,16,952 in total to the National Bank on March 13, 2015, upon a national bank’s request for the performance of the guaranteed obligation based on the respective credit guarantee agreements.

B. Concluding the instant mortgage contract: (a) the Defendants, who operated a trader of F on December 5, 2014, concluded a mortgage contract (hereinafter “instant mortgage contract”) with respect to each real estate indicated in the attached list, which constitutes a maximum debt amount of 94,692,000; and (b) the same month thereafter.

8. On December 18, 2014, the Hongcheon District Court Law No. 26502, the registration of the establishment of a neighboring establishment was completed in the future of the Defendants.

C. It is ratified that at the time of establishing the mortgage of this case, E’s property condition is as follows.

H Building 309, 306, 306, 495,000,000 to 540,000,0000, 1/247,5000 /247,500,000 from 247,50,000 to 270.