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(영문) 창원지방법원 2020.05.27 2017가단107578

사해행위취소

Text

The plaintiff's action of revocation against the defendant C shall be dismissed.

Defendant A’s 41,796,648 Won and 38,833.

Reasons

1. Facts of recognition;

A. On October 31, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A, with the limit of KRW 42,50,000,000, when Defendant A (mutual name: E) obtained a loan of KRW 50,000 from the F Bank. Defendant A and the limit of KRW 42,50,000, and the guarantee period on October 30, 2015 (the later extension).

B. On October 29, 2016, Defendant A had caused a guarantee accident in arrears due to sales depression, excessive competition, etc. on which the term of credit guarantee was extended, and the Plaintiff subrogated the said bank for KRW 38,83,318 on February 22, 2017.

The Plaintiff’s legal procedure cost claim amounting to KRW 2,732,370, additional guarantee fee claim amounting to KRW 230,960, and the overdue interest rate specified in the credit guarantee agreement is 12% per annum before December 31, 2017, and 10% per annum after January 1, 2018.

C. Defendant A on August 16, 2016:

라. ㈎항 적극재산 기재 목록 중 ① 기재 부동산(이하 ‘이 사건 부동산’이라고 한다, 별지 목록)에 관하여 피고 B 앞으로 채권최고액 50,000,000원의 근저당권을, 2016. 10. 26. 피고 C 앞으로 이 사건 부동산 및 그 외 양산시 G 소재 다가구 주택건물과 부지에 관하여 모두 채권최고액 200,000,000원의 근저당권(이하 피고 B 명의의 근저당권을 1번 근저당권, 피고 C 명의의 근저당권을 2번 근저당권이라고 한다)을 설정해 주었다. 라.

Defendant A’s active property and details of the small property at the time of the instant act of establishing the right to collateral security, as indicated below, are KRW 1.49 billion with the small property, KRW 2.8 billion with the positive property, and KRW 2.8 billion with the positive property. The above Defendant was in excess of its obligation.

(2) The value of real estate recognition (cost) ① 380,00,000 square meters for I apartment units J (the instant real estate) located in Yangsan-si, Yangsan-si and multi-family houses with 186,947,570 square meters for G site, 97 square meters for L, 31 square meters for land, 31 square meters for M forest, 21 square meters for N forest, 84,464,00 square meters for O forest, and 84,464,000 other than Yangsan-si, P, Q forest, and Seoul R building.