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(영문) 전주지방법원 군산지원 2017.01.06 2016가단54006

사해행위취소

Text

1. As to each real estate listed in the separate sheet:

A. The Defendant and Nonparty B concluded on May 2, 2016.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff entered into a credit guarantee agreement with B on September 2, 2015 with the coverage amount of KRW 45,900,000, and with the coverage period of September 2, 2016, and issued a credit guarantee certificate to B pursuant to the credit guarantee agreement. B as collateral, the said credit guarantee agreement was issued to B, and B is a scrifd bank benefiting point of the Idrid Bank on September 3, 2015 (hereinafter referred to as “Bld bank”).

(2) B) on April 27, 2016, borrowed KRW 54,000,000 from the bank. The bank did not pay interest on the loan to the non-party bank. The non-party bank knew of this fact to the Plaintiff on May 3, 2016. Ultimately, on August 5, 2016, the Plaintiff paid 46,863,761 to the non-party bank by subrogation.

3) B) around 1979 C Industrial Cooperatives around 1979 (hereinafter “Non-Party Cooperatives”).

Since becoming a member of the non-party association's membership, it has been continuously engaged in the transaction of purchasing and repaying the price from the non-party association on credit. In the situation where the non-party association bears approximately KRW 130 million obligations against the non-party association, the defendant who is a director of the non-party association and each real estate listed in the separate sheet on May 2, 2016 (hereinafter referred to as "each real estate of this case") on behalf of the non-party association.

A) As to the instant legal act, the mortgage contract is established (hereinafter “instant legal act”).

(4) As of May 2, 2016, as of May 2, 2016, the Jeonju District Court: (a) received on May 2, 2016 on each of the instant real estate from the Jeonju District Court, the registration of the establishment of a mortgage over the maximum debt amount of 100 million won was completed; (b) as of May 2, 2016, B had more passive property than active property; and (c) the same is likewise applicable as of

Since the defendant did not oppose the plaintiff's above argument, the fact-finding on the detailed contents is omitted.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 4, 5, 6, 10, Eul evidence 1-5, Eul evidence 6-1 and 2-2, and the purport of the whole pleadings

(b) relevant 1.