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(영문) 서울중앙지방법원 2015.03.18 2014가합588161

사해행위취소

Text

1. A contract establishing a right to collateral security concluded on April 24, 2014 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against B) The Plaintiff’s mobile cable Co., Ltd. (hereinafter “patul cable”) around March 2009

B) The basic supply transaction agreement between the Plaintiff and the present cable providing the wire and cable to the present cable and receiving the price of the supplied goods from the present cable (hereinafter “the instant basic supply transaction agreement”).

(2) The Plaintiff supplied goods to the present cable by April 30, 2014 according to the instant supply transaction agreement. However, the Plaintiff was not paid KRW 987,04,840 out of the price of the goods from the present cable as indicated below, and accordingly, on October 24, 2014, the Plaintiff filed a claim for the price of the goods against the present cable and the joint guarantor B (U.S. District Court Ansan Branch Support 2014Gahap2537) from October 24, 2014 to the present cable and the Plaintiff jointly and severally with the present cable and the Plaintiff for the payment of KRW 987,04,840 and damages for delay.

B. On April 24, 2014, B concluded a mortgage agreement with the Defendant regarding the real estate indicated on the separate list owned by the Defendant (hereinafter “instant real estate”), which provides for KRW 40,000,000 of the maximum debt amount (hereinafter “instant mortgage agreement”). On the same day, B registered the establishment of the mortgage (hereinafter “registration of the instant mortgage”) to the Defendant under Seoul Southern District Court’s receipt as Seoul Southern District Court No. 20052.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, 6, 9, and 10, the purport of the whole pleadings

2. Determination

A. A claim that may be protected by the obligee’s right of revocation of the existence of the preserved claim is already based on the legal relationship that has already been based on which the claim was established at the time of the fraudulent act, and that claim is based on the near future legal relationship.