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(영문) 수원지방법원 2018.01.17 2017가합11141
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement of this case (hereinafter “the instant credit guarantee agreement”) with C as of June 17, 2016, in order to guarantee the fulfillment of the obligation of a loan to be borne by C with a loan from E bank (hereinafter “the instant credit guarantee agreement”).

(2) C concluded a credit guarantee agreement of this case, and C submitted a credit guarantee certificate issued pursuant to the credit guarantee agreement of this case and received a loan from E bank. (2) The representative director D of C jointly and severally guaranteed the obligation to be borne by C to the Plaintiff according to the credit guarantee agreement of this case.

3) On April 19, 2016, the Plaintiff was notified by E Bank that C has lost the benefit of time due to the loan obligation. On September 5, 2016, the Plaintiff subrogated the E Bank to pay KRW 2,887,758,606 for the principal and interest of loan to E Bank. 4) After then, the Plaintiff filed an application for payment order against C and D as the Changwon District Court 2016 tea5373.

B. C entered into a mortgage agreement with Defendant A on September 12, 2016, with regard to real estate indicated in the attached Tables 1 and 2 (hereinafter “instant first contract”). As to the real estate indicated in the attached Tables 1 and 1, the Changwon District Court Kimhae-si Office, received the maximum debt amount of KRW 1,510,000,000 from September 12, 2016 (hereinafter “instant first collateral mortgage”); and the registration of the establishment of a mortgage agreement with Suwon District Court as to the real estate indicated in the attached Tables 2 and 2, and the registration of the establishment of a mortgage agreement with the Suwon District Court was completed on September 12, 2016, with regard to the registration of the establishment of a mortgage agreement of KRW 1,510,00,000 (hereinafter “the instant first collateral mortgage”).

(hereinafter “instant collateral security”) C.

D Concluding a mortgage contract between D and Defendant B, on May 10, 2016, entered into a mortgage contract with Defendant B as to real estate listed in attached Form 3 (hereinafter “instant second contract”), and on May 11, 2016, the Suwon District Court of the Republic of Korea (U.S.) registry office.

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