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(영문) 전주지방법원 2018.05.25 2017나1915

사해행위취소

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee and credit guarantee accident 1) B refers to a high-Gun fisheries cooperative under the Plaintiff’s credit guarantee and credit guarantee from December 15, 2004 to September 24, 2013 (hereinafter “high-Gun fisheries cooperative”).

(2) Around October 3, 2014, B came to a marine fishing ground in front of the Gunsan, and was missing. Around that time, B’s failure to pay interest on the above loan to a high-win cooperation was caused and the benefit of time was lost. Ultimately, the Plaintiff subrogated for KRW 386,641,954, total amount of the principal and interest of the loan to a high-win cooperation around January 28, 2015 in accordance with the credit guarantee agreement.

B. B’s instant disposition 1 B from April 12, 2012 to the same year

8. By the 16th day, the Defendant borrowed a total of KRW 150 million from the Defendant on four occasions (hereinafter “the instant loan”). On August 16, 2012, an authentic deed was drawn up to the effect that “on August 16, 2012, the Defendant borrowed KRW 150 million at interest rate of KRW 24% per annum and until August 16, 2013.”

2) On July 4, 2014, B concluded the instant mortgage agreement with the Defendant regarding each of the instant real estate at KRW 180,000,000 with regard to each of the instant real estate as the mortgagee, the obligor, B, and the maximum debt amount. On July 4, 2014, the Jeonju District Court Decision 8977, which was received on July 4, 2014, to the Defendant, concluded the instant mortgage establishment registration (hereinafter “the instant establishment registration”).

A. [Grounds for recognition] unsatisfy, Gap evidence 1 to 4, 7 to 13 (including paper numbers, hereinafter the same shall apply)

2) The records Nos. 6 and 7, and the fact-finding results of the court of first instance on the high-win cooperation, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Although the Plaintiff’s claim for indemnity against B was incurred after the establishment of the instant mortgage agreement, there was a legal relationship that had been concluded with the Plaintiff prior to the establishment of the instant mortgage agreement, which form the basis for the establishment of the claim for indemnity. In addition, the said legal relationship was established in the near future.