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(영문) 인천지방법원 2019.06.19 2018가단236431
사해행위취소
Text

1. As to KRW 45,275,041 and KRW 44,675,090 among the Plaintiff, Defendant A shall be from July 13, 2018 to November 13, 2018.

Reasons

1. Facts of recognition;

A. (1) On August 1, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “instant credit guarantee agreement”) with a view to ensuring the payment of the principal and interest of loans that Defendant A received from Defendant C Co., Ltd. (hereinafter “C”), and issued a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) on July 30, 2021.

According to the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation, the defendant A paid the amount of damage, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, insurance premium paid by the plaintiff on behalf of the plaintiff, execution and preservation of indemnity claim (including termination), exercise and legal procedure.

(2) Defendant A obtained a loan of KRW 50 million from C as security. On January 31, 2018, the occurrence of a credit guarantee accident due to overdue interest and interest, and C notified the Plaintiff of the occurrence of the credit guarantee accident on February 21, 2018.

On May 25, 2018, the Plaintiff subrogated for KRW 45,417,670 to C, and on July 12, 2018, the remainder of the subrogation amount remaining after partial recovery as of July 12, 2018 is KRW 44,675,090, and the amount of damages is KRW 59,951.

B. On December 18, 2017, Defendant A entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with respect to the real estate indicated in the [Attachment sheet (hereinafter “instant real estate”) owned by the Defendants, which was established and set up the right to collateral security (hereinafter “instant mortgage”). On December 18, 2012, Defendant A entered into the mortgage agreement with regard to Defendant B, Defendant A, and the maximum amount of debt 400 million won, and on December 18, 2012, “the establishment of the right to collateral security (hereinafter “instant real estate”).”

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