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(영문) 서울중앙지방법원 2018.05.24 2017가합562771

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. (1) On October 14, 2015, upon entering into a credit guarantee agreement and operating a personal enterprise under the name of “B”, A entered into a credit guarantee agreement with the Plaintiff as between October 14, 2015, with the credit guarantee principal of KRW 425,00,00,000, and with the credit guarantee term as of October 14, 2016 (Evidence 1-1), and was issued a credit guarantee certificate (Evidence 2-1) on the same day. In addition, A is subject to the said guarantee agreement, the Bank Seol (hereinafter “Korea Bank”).

(1) A small and medium enterprise loan of KRW 500,000,000 (hereinafter “first loan”) was granted (hereinafter “first loan”).

(2) On December 3, 2015, A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff, with the credit guarantee principal of KRW 838,80,00,000, and with the credit guarantee term until December 3, 2021 (Evidence 1-2 of the Evidence A), and issued the credit guarantee certificate (Evidence 2-2 of the Evidence A) on the same day.

In addition, A received a loan of KRW 932,000,000 from the Industrial Bank of Korea in accordance with the above guarantee certificate.

(hereinafter referred to as “second-party loan”). (b)

(1) On April 6, 2017, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident that A has lost the benefit due to the obligation to pay the loans 1 and 2 (Evidence 3) (Evidence 3). (2) On July 27, 2017, the Plaintiff subrogated the Bank of Korea for KRW 430,556,729, and KRW 23,307,291 of the principal and interest of loans 430,56,729, respectively.

(A) In addition, the Plaintiff’s payment of KRW 5,017,475 out of the total amount of KRW 3,015,560 to the legal procedure cost for the enforcement and preservation of the right to indemnity, etc. under Article 5(1) of the aforementioned Credit Guarantee Agreement, and then recover the remainder at KRW 2,001,915.

(A) evidence 6.c.

A’s disposal of the instant real estate around March 31, 2017, in order to secure the obligation of a stock company B whose representative director is the Defendant, the act of disposal of the instant real estate does not exceed the maximum debt amount of 1.2 billion won, the debtor B, and the mortgagee as the Defendant.