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(영문) 수원지방법원 2015.02.05 2014가단535595

사해행위취소

Text

1. On June 28, 2013, the real estate indicated in the separate sheet between the Defendant and Nonparty B was concluded between the Defendant and Nonparty.

Reasons

1. Facts of recognition;

A. A. The Plaintiff’s credit guarantee and credit guarantee agreement 1) between C and C on June 16, 2010, and C as the National Agricultural Cooperative Federation (hereinafter “Agricultural Cooperatives”)

(2) In order to guarantee the repayment of the principal and interest of loan from a loan, the credit guarantee agreement was concluded with the content that the guaranteed principal is KRW 10,00,000,000, and the period from June 16, 2010 to June 16, 2015. According to the above credit guarantee agreement, the non-party B issued the credit guarantee agreement to the agricultural cooperative, and the non-party B guaranteed all of the obligations under the above credit guarantee agreement to the plaintiff. (2) on June 16, 2010, the non-party C obtained a loan of KRW 10,000,000 from the agricultural cooperative by taking the credit guarantee form issued under the above credit guarantee agreement as security.

B. After subrogation, C paid interest on July 17, 2013, and a credit guarantee accident occurred. Upon notification of the credit guarantee accident to the Plaintiff, the Plaintiff paid the guaranteed liability by subrogation to the Plaintiff on November 1, 2013, on the aggregate of the principal and interest of the loan in arrears ( principal interest of KRW 4,960,000, KRW 96,210) by Nonghyup.

C. Under the aforementioned credit guarantee agreement, Nonparty B, a joint and several surety C, as a joint and several surety under the aforementioned credit guarantee agreement, is the maximum debt amount of KRW 100,000,000 with respect to the real estate listed in the separate sheet on June 28, 2013, and the mortgage contract established against the mortgagee as the Defendant (hereinafter “instant mortgage contract”).

(2) The registration of establishment of a mortgage establishment in the name of the Defendant (hereinafter “registration of establishment of a mortgage of this case”) was made on June 28, 2013 by the Suwon District Court, Suwon District Court (U.S.C. 103374).

(2) At the time of the instant mortgage contract, B did not own any active property other than the real estate listed in the separate sheet of approximately KRW 27,656,850 at the market price. On the other hand, with the small property, it bears the Plaintiff’s liability for reimbursement of KRW 5,056,210, and the Defendant’s obligation for reimbursement of KRW 109,763,90, respectively.