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(영문) 대구지방법원서부지원 2015.06.23 2014가단16931
사해행위취소
Text

1. As to KRW 14,703,094 and KRW 14,258,942 among the Plaintiff, Defendant A’s year from September 12, 2013 to June 2, 2014.

Reasons

Facts of recognition

On October 9, 2012, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A on October 6, 2017, including the guaranteed amount of KRW 14.25 million, and the guaranteed period of KRW 6,000. Defendant A submitted a credit guarantee agreement issued under the said credit guarantee agreement on October 9, 2012 and borrowed KRW 15 million from the Seongbuk Saemaul Bank.

According to the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation, the defendant A is required to pay the amount of the guaranteed obligation performance amount, damages for delay in accordance with the interest rate as determined by the plaintiff, expenses paid by the plaintiff for the preservation of rights. The interest rate determined by the plaintiff is 12%

The Plaintiff paid 14,661,062 won of the principal and interest of loans to the Seongbuk Saemaeul Community Fund on September 12, 2013 when the guarantee accident occurred due to the overdue interest delinquency of Defendant A. On the same day, the Plaintiff appropriated 402,120 won of the unpaid guarantee fee to the amount of subrogated payment of KRW 14,258,942, and the amount of subrogated payment of KRW 132 of the recovered principal and KRW 44,020 of the recovered principal were incurred.

On the other hand, on July 22, 2013, Defendant A entered into each of the instant mortgage agreements (hereinafter “each of the instant mortgage agreements”) with Defendant B on the share of each of the real property indicated in the separate sheet, which is one of his own property, with the maximum debt amount of KRW 20 million, and on the other hand, the registration of creation of each of the instant collateral agreements was completed on July 22, 2013 with the Daegu District Court Branch Branch Office No. 111153, Jul. 22, 2

Defendant A had active property worth KRW 10,714,50 as active property at the time of entering into each of the instant mortgage agreements, whereas Defendant A had positive property worth KRW 77,892,989, KRW 15,000, KRW 15,000, KRW 4,676,000, and exceeded the obligation to file an individual rehabilitation application under the Daegu District Court Decision 2013Da37489, Jun. 28, 2013.

[Grounds for recognition] between the plaintiff and the defendant A: The confession between the plaintiff and the defendant B.

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