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(영문) 창원지방법원진주지원 2020.07.14 2020가단30305

사해행위취소

Text

1.(a)

On February 14, 2019, it was concluded between the defendant and the non-party B on the real estate listed in the attached list No. 1 list.

Reasons

1. Facts of recognition;

A. On December 1, 2018, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) and C on the principal and interest of loan to D Banks (hereinafter “the instant credit guarantee agreement”), and B as the representative director of C, jointly and severally guaranteed this.

According to the credit guarantee contract of this case, upon the plaintiff's performance of the guaranteed obligation, C shall reimburse not only the amount of the guaranteed obligation, but also the expenses incurred in preserving the rights acquired therefrom (Article 10), and B shall be jointly and severally liable with C as a joint and several surety.

§ 11(b).

On December 20, 2018, the Plaintiff issued a credit guarantee certificate, and C received a general loan from a D Bank.

However, C did not pay interest on the above loan, and on July 25, 2019, the Plaintiff subrogated 5,214,479 won in total for the principal and interest of C.

Since then, the Plaintiff recovered KRW 11,195,848 from C, and during which process, the Plaintiff spent KRW 259,758 as legal procedure costs to preserve the claim for reimbursement.

C. B entered into a mortgage agreement with the Defendant, who is a pro-Nam branch on February 14, 2019, on each real estate listed in the separate sheet Nos. 1 and 2 attached thereto (hereinafter “instant mortgage agreement”). As to the real estate listed in the separate sheet Nos. 7431, which was received on February 25, 2019, the Defendant completed the registration of establishment of each of the root branch offices of the Changwon District Court as of the real estate listed in the separate sheet No. 2104, which was received on February 25, 2019, as to the real estate listed in the separate sheet No. 2104.

The property status of B at the time of the instant mortgage contract is as follows.

Preliminary Property: 215,00,000 won and 9,046,600 won and 224,046,500 won and 224,000,000 won for E Union credit loans, 8,724,000 won for E Union credit loans, F card loans, 8,724,00 won, Plaintiffs 54,40,000 won for G companies, 29,93,000 won for H companies, 2,084,00 won for H companies, and 243,725,000 won for I companies.