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(영문) 서울북부지방법원 2015.01.23 2014가단34437

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim against B (1) on November 20, 2006, C took out a loan of KRW 780,000,000 from Korea Ltd. for a period of thirty (30) years from the date of loan commencement, and B took out a joint and several guarantee of C’s obligation with the limit of KRW 936,00,000 for the said company on the same day.

(2) On May 25, 2009, Korea Development Bank Co., Ltd. notified C of the transfer of the above claim to C on or around July 15, 2010.

(3) From February 14, 2014 to June 25, 2014, C ceased to pay interest, and lost the benefit of time on June 25, 2014. The remaining interest and interest as of November 12, 2014 are equivalent to KRW 115,723,410.

B on July 10, 2014, B created the right to collateral security of KRW 45 million with respect to the instant real property, which is one of the sole property of the Defendant, on the ground of a contract establishing the right to collateral security on the same date.

(hereinafter “instant collateral security”). [Grounds for recognition] A/L does not dispute, Gap evidence Nos. 1 through 6, and the purport of the entire pleadings

2. Determination:

A. According to the facts prior to the determination as to the establishment of a fraudulent act, barring any special circumstance, it is presumed that B, the only real estate owned by B, which is the real estate owned by B, was a fraudulent act in relation to other creditors, including the Plaintiff, and B, was fully aware of the circumstance that B, at the time of entering into the instant mortgage agreement, could cause shortage of creditors’ joint security and thereby harm to the Plaintiff, which is a creditor. As long as it is recognized as B’s intention, it is presumed that the Defendant, the beneficiary, was aware that at the time of entering into the instant mortgage agreement, the Plaintiff, who is a creditor, was thereby aware of the fact that B’s creditor, was harmed.

B. The defendant's assertion is judged as to B and this case.