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Reasons
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(영문) 수원지방법원평택지원 2015.04.24 2013가합8221
사해행위취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s joint and several liability 1) The Plaintiff: (a) supplied steel products to Company B (trade name: C) that is engaged in the manufacture, sale, etc. of steel products; (b) reached a monetary loan agreement with Company B with the amount of KRW 1,55,521,836, which was not paid by Company B around September 30, 201; and (c) entered into a monetary loan agreement with Company B with the amount of KRW 1,55,550,000 as a loan; and (d) obtained certification as a notary public on the same day from the date when the said agreement was concluded (hereinafter “instant authentic deed”).

(2) 2) The wife D and D in B (hereinafter “A”) jointly and severally guaranteed the obligation described in paragraph (1) against the Plaintiff. 3) The amount of goods (including outstanding bills) supplied by the Plaintiff to B (including outstanding bills) is KRW 1,132,263,805 as of December 20, 201 (i.e., sales on credit, KRW 1,03,000,000 for outstanding bills of exchange with KRW 99,263,805, as of July 24, 2012 (i.e., KRW 697,714,955 (i., sales on credit, KRW 124,864,955).

B. B and the Defendant: (a) On December 20, 201, A entered into a contract to establish a right to collateral security with the Defendant to each of the instant real estate, with the maximum debt amount of KRW 500 million; (b) the obligor A; and (c) the obligee; and (d) the Defendant’s establishment of a right to collateral security (hereinafter “instant

(2) On July 24, 2012, A and the Defendant entered into a contract to establish a mortgage (hereinafter “contract to establish a mortgage”) with the Defendant regarding each of the instant real estate, the maximum debt amount of KRW 500 million, the debtor, the creditor, and the Defendant’s creditor, as to each of the instant real estate, on December 25, 2011, and the Chuncheon District Court’s Jeju District Court’s Jeju District Court’s Jeju District Court’s Jeju District Court’s 43079, supra, on July 25, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 10, Eul evidence No. 36 (including provisional numbers, hereinafter the same), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.

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