사해행위취소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 91,110,384 as well as KRW 90,360,659 as to the Plaintiff. < Amended by Presidential Decree No. 25539, Sep. 29, 2014>
1. The portion of the claim for reimbursement against the defendant A and B
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment by means of a recent service by public notice (Article 208 (3) 3 of the Civil Procedure Act);
2. Part on the claim for revocation of fraudulent act against Defendant B and C
A. On August 28, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. on August 27, 2013, wherein the term of guarantee was KRW 90 million, and the term of guarantee was extended to August 27, 2013 (after that, the term of guarantee was extended to August 27, 2014), and Defendant B provided a joint and several surety therefor.
After that, on August 27, 2014, Defendant A Co., Ltd. caused an insurance accident in which the repayment of loans was delayed. Accordingly, the Plaintiff subrogated for KRW 90,360,659 on September 29, 2014, and acquired the claim for indemnity as described in paragraph (1) of the order against Defendant A and Defendant B.
On July 7, 2014, Defendant B entered into a mortgage agreement with Defendant C regarding the real estate (hereinafter referred to as “instant apartment”) indicated in the separate sheet (hereinafter referred to as “instant apartment”), which is one of its sole property, with a maximum debt amount of KRW 14 million (hereinafter referred to as “instant mortgage agreement”) and for the same month.
8. The registration of establishment of the right to collateral security was completed.
On the other hand, the apartment of this case was KRW 310 million based on July 2014, but the registration of the creation of the right to collateral security, which was the maximum debt amount of KRW 300 million as of September 28, 2006 prior to the instant right to collateral security, was completed in the future of the Korea Slaterd Bank (hereinafter “Japan Bank”), and the actual secured debt amount was KRW 230,1120,000,000 as of July 8, 2014.
In addition, on August 27, 2014, Defendant B filed an application for individual rehabilitation with Suwon District Court No. 2014da122147, Aug. 27, 2014. In addition to the above obligations against the Plaintiff and Jeju Bank at the time, Defendant B filed an application for individual rehabilitation with Defendant C, the total amount of 10 creditors, including KRW 80 million loan obligations against Defendant C and 10 creditors, such as Daep&C Co., Ltd., 120,786.