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(영문) 서울고등법원 2018.06.22 2018나2009669

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On January 28, 2015, the Credit Guarantee Fund entered into a credit guarantee agreement with E Co., Ltd. (hereinafter “E”) and the National Federation of Fisheries Cooperatives of the said Company (hereinafter “NFFC”) with respect to a loan obligation with respect to the amount of security deposit of KRW 2550 million and the term of guarantee of KRW 27,000,000 and January 27, 2016.

D, the representative director of E, has jointly and severally guaranteed the debt under the credit guarantee agreement of E.

B. On January 29, 2015, E obtained a loan of KRW 300,000,000 from NFF on January 27, 2016, with a maturity of KRW 255,000,000,000 from NFFC.

On November 17, 2015, in relation to the above loan, the above company suffered a credit guarantee accident due to the registration of other institutions in arrears information (hereinafter “instant guarantee accident”), and on December 1, 2015, the company lost the benefit of the loan due to this natural body.

(c) On February 5, 2016, the Credit Guarantee Fund subrogated to NFFC for KRW 257,656,603 (the principal of the loan at KRW 255,00,000,000) in accordance with the credit guarantee agreement entered into with E.

The Defendant, on November 4, 2015, purchased the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) from D in the amount of KRW 450 million, and agreed to pay KRW 10 million, which is a part of the down payment, at the time of the contract, to pay the remainder KRW 30 million as of November 5, 2015, and to pay the remainder KRW 410 million as of November 13, 2015.

(hereinafter “instant sales contract”). E.

D On November 5, 2015, when the Defendant received down payment of KRW 40 million from the Defendant, D completed the registration of ownership transfer concerning the instant real estate to the Defendant.

F. At the time of the instant sales contract, the instant real estate: (a) KRW 216,00,000 for the maximum debt amount; (b) KRW 60,000 for the establishment of a mortgage on July 4, 2008, which was the debtor D; and (c) for the establishment of a mortgage on the instant real estate, which was the new bank, the mortgagee D; and (d) the maximum debt amount; (b) KRW 60,00,000 for the establishment of a mortgage on the instant property; and (c) KRW 2.