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(영문) 부산지방법원 2019.06.13 2018가단325154

구상금

Text

1. The contract to establish a right to collateral security concluded on March 16, 2018 between the Defendant and B regarding each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired the claim for reimbursement against B as shown in the attached Form B.

(On the other hand, Defendant C Co., Ltd. is “C” and Defendant B is “B”).

B Concerning each real estate listed in the separate list owned by it, B entered into a mortgage contract with the auditor of C Co., Ltd and the defendant, who is his own attached document, as stated in Section 1 of the Disposition, and the defendant completed the registration of establishment of each collateral listed in Section 2 of the Disposition

C. Around the time of the above contract to establish a collateral security right, each real estate listed in the separate sheet with a total of KRW 440 million in value as active property B, and as a passive property, there was a debt of KRW 171,300,000,000, including the secured debt of KRW 171,300,000 against the Defendant.

[Grounds for Recognition: Facts without dispute, Gap 1 through 8, Eul 1 and 2, the purport of the whole pleadings]

2. Determination

(a) Establishing a right to collateral security for the only real estate held by a specific creditor among several creditors constitutes a fraudulent act, unless there are any special circumstances to the contrary;

(see, e.g., Supreme Court Decision 2007Da45364, Oct. 11, 2007). With respect to each real estate indicated in the separate sheet, which is the only real estate under obligation excess as above, the act of setting up collateral to the defendant, among multiple creditors, who is a specific creditor, constitutes a fraudulent act.

B. The aforementioned fraudulent act was established on March 16, 2018, which was immediately before the date of a credit guarantee accident ( April 25, 2018), and was established on March 16, 2018. At the time of the fraudulent act, there is a high probability that the legal relationship, which is the basis of the establishment of the Plaintiff’s claim for reimbursement, has already occurred at the time of the fraudulent act, and that the claim is established based on the near future legal relationship, and the probability has been realized in the near future, and thus,

C. B is a joint guarantor of the credit guarantee agreement and C corporation.