beta
(영문) 서울북부지방법원 2016.05.25 2015가합25642

사해행위 취소의 소

Text

1.(a)

C and Defendant A with respect to each real estate listed in the separate sheet, concluded on January 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff, a company D (hereinafter “Nonindicted Company”) is deemed to be a company in the event of a credit guarantee agreement and a guarantee accident.

On May 11, 2012, between the company and the new bank (hereinafter “new bank”) (hereinafter “new bank”)

(A) In order to obtain a loan of KRW 300 million, the credit guarantee period was changed from May 11, 2012 to May 10, 2013, to KRW 270 million, and the credit guarantee agreement stipulating the guaranteed amount as KRW 270 million (the guarantee period thereafter was changed to KRW 250 million until June 30, 2015, and the guaranteed amount was changed to KRW 250 million.

B) On April 17, 2014, the Bank of Korea (hereinafter “Corporate Bank”) is the Bank of Korea (hereinafter “Corporate Bank”).

(A) In a loan of KRW 260 million, the credit guarantee period is from April 17, 2014 to April 16, 2019; and the credit guarantee agreement stipulating the guaranteed amount as KRW 234 million (hereinafter collectively referred to as the “each credit guarantee agreement of this case” is deemed to be the “each credit guarantee agreement of this case”).

(C) The representative director C above and the “C” in the order of the non-party company are written as “C” in the real estate register. The former is jointly and severally guaranteed the non-party company’s liability for indemnity under each credit guarantee agreement. (2) When the non-party company lost the benefit of time on July 1, 2015 and the guaranteed accident occurred, the Plaintiff subrogated to the new bank on September 14, 2015 in 255,801,750 won (the principal amount of KRW 253,362,724,439,026), and the corporate bank on September 15, 2015 in 235,72,849 won (the principal amount of KRW 234,00,000,000, KRW 1,722,849).

B. C’s disposal dispositive act 1) On January 30, 2015, each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with Defendant A on January 30, 2015.

2) As to the instant mortgage contract regarding the maximum debt amount of KRW 250 million (hereinafter “instant mortgage contract”)

(B) On February 2, 2015, Defendant A entered into a contract and completed the registration of creation of a mortgage on the part of the Defendant A as stated in Section 1-B of the Disposition No. 1-2, 2015. 2) C each of the instant cases with Defendant B on February 2, 2015.