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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. On March 29, 2016, the Plaintiff entered into an agreement with E Co., Ltd. (hereinafter “E”) to lend KRW 50,000,000 as a loan for general start-up business, setting the lending period from March 31, 2016 to March 30, 2021 as 12% per annum, interest rate of 4.47% per annum, and delay compensation rate of 12% per annum. At the time, D, the representative director of E, at the time, set the guarantee limit of the total lending amount to KRW 60,00,00 for the above loan obligations against the Plaintiff.
(hereinafter “instant loan agreement”). B.
D On March 6, 2017, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by D, the only maximum debt amount of KRW 130,000,000 with respect to the real estate (hereinafter “instant real estate”) in order to secure F’s liability for the said loan and joint guarantee against the Plaintiff, which was incurred by the Defendant, and entered into a mortgage agreement with the Defendant (hereinafter “instant collateral creation agreement”).
(C) On March 8, 2017, the registration of the establishment of a mortgage was completed to the Defendant on March 8, 2017 as Seoul Southern District Court No. 53390, which was received on March 8, 2017. D was in excess of the obligation at the time the instant mortgage contract was concluded. [The facts that there was no dispute over the grounds for recognition, evidence Nos. 1 through 6, and each of the statements and arguments No. 6, and the purport of the entire pleadings.
2. Determination as to the claim for revocation of a fraudulent act
A. According to the facts of recognition as above, D is a joint and several obligation under the loan contract of this case prior to the conclusion of the mortgage contract of this case, since D is a joint and several obligation to the plaintiff under the loan contract of this case, the plaintiff's joint and several obligation is a preserved claim for revocation of fraudulent act.
B. Unless there are special circumstances, the act of an obligor in excess of his/her obligation and intent to commit a fraudulent act constitutes a fraudulent act in relation to other creditors, and the act of offering real estate owned by him/her to any one of the creditors as a bond security constitutes a fraudulent act in relation to other creditors, and Supreme Court Decision 2000Da5015 Decided May 8, 2001.