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(영문) 서울중앙지방법원 2015.05.29 2014가합510564

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where: (a) the Plaintiff asserted that, against the Defendant, Nonparty A Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) who is the Plaintiff’s debtor, completed the establishment registration of a collateral in the name of the Defendant on each real estate (hereinafter “each real estate of this case”) in excess of his/her obligation, it constitutes a fraudulent act; and (b) based on the obligee’s right of revocation, the Plaintiff’s establishment of a collateral agreement concluded between the Defendant and A with respect to each real estate of this case is revoked; and (c) the Defendant seeks to transfer the dividend payment claim to A as a collateral in accordance with the distribution schedule established in the auction of real estate in each real estate of this case, instead

B. 1) The Plaintiff entered into a credit guarantee agreement between the non-party A (hereinafter referred to as "non-party A") with the content as indicated below, and the Plaintiff entered into a credit guarantee agreement with the non-party A (hereinafter referred to as "non-party A") with the content that the Plaintiff would be responsible for the payment obligation to the non-party Hyundai Daily Bank Co., Ltd. (hereinafter referred to as "the non-party Hyundai Daily Bank") within the scope of the guaranteed amount (hereinafter referred to as "the instant credit guarantee agreement"). At that time, A submitted a credit guarantee agreement issued under the above credit guarantee agreement and continued to conduct the electronic commerce with the Hyundai Daily Bank.

In addition, at the time of entering into the above credit guarantee contract, the non-party C, the representative director of A, guaranteed all debts that A owes to the Plaintiff under the above credit guarantee contract.

On April 29, 2008, the guarantee number 1 billion won as a joint and several surety guaranteed on the date of concluding a contract (the guarantee period has been renewed on April 28, 2009, but the guarantee period has been changed on April 27, 2012 to April 26, 2013) CDB, and at the time of the credit guarantee contract of this case.