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(영문) 창원지방법원 2020.11.18 2019가단121851
사해행위취소
Text

1. The sales contract concluded on July 10, 2019 between the defendant and the non-party B on the real estate stated in the separate sheet was 46,405.

Reasons

1. Basic facts

A. On February 24, 2017, the Plaintiff entered into an agreement for credit guarantee (guarantee ceiling of KRW 225,00,000) for Cmat (vibration point, Representative B) operated by B after being consigned’s credit guarantee consignment.

B was loaned KRW 250,000,000 from the D Bank under the Plaintiff’s credit guarantee (the due date extended on February 7, 2020).

B filed a report on the closure of the business of Schlage (as of August 26, 2019) and the occurrence of a credit guarantee accident, such as tax or arrears, to the D Bank from September of the same year, and D Bank requested the Plaintiff to implement a guarantee. On October 11, 2019, the Plaintiff subrogated to D Bank KRW 226,51,197 in total, the amount of B’s loan principal, KRW 225,00,00,000, interest on subrogation, and KRW 1,511,197 in accordance with the above credit guarantee. The legal procedure cost required is KRW 115,347.

The rate of delay damages incurred by the plaintiff on behalf of the plaintiff pursuant to Article 10 of the Credit Guarantee Agreement shall be 8% per annum since April 1, 2019, and Article 6 of the Agreement shall provide that the person himself/herself violates his/her obligation to discharge the principal obligation as a prior right to indemnity, or discontinues his/her business for at least three consecutive

The plaintiff's claim for reimbursement against B is 226,626,54 won and 226,511,197 won and damages for delay by 8% per annum from October 11, 2019.

B. On the other hand, on July 10, 2019, B sold real estate listed in the separate sheet (hereinafter the instant real estate) owned by it to the Defendant in excess of the debt actively exceeds the asset, and on July 22, 2019, B completed the registration of ownership transfer as of the instant real estate as of July 22, 2019, such as the Changwon District Court Masan Branch Branch Branch, etc., and on the same day, B’s receipt of the name of the mortgage bank No. 1 on August 12, 2014 and the mortgage No. 2 on May 24, 2016, respectively.

[Ground of Recognition] Facts without dispute, each entry of Gap 1 through 9 (including each numbered items), Masan Tax Office, E Bank, and D Bank, respectively.

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