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(영문) 광주지방법원순천지원 2014.06.27 2013가단75285
사해행위취소
Text

1. The contract to establish a mortgage concluded on February 27, 2013 between the Defendant and B with respect to each of the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. On June 30, 201, the Plaintiff entered into a credit guarantee agreement between B and B on the debt amount of KRW 40,000,000 (80%) out of KRW 50,000,00,00 to receive a loan from the dong branch of the National Bank for the corporate ordinary working capital, and issued a credit guarantee agreement with respect to its subordinate obligations. B obtained a loan equivalent to the above guaranteed amount from the dong branch of the National Bank with the said guarantee certificate as security.

B. On March 29, 2013, the Plaintiff entered into a credit guarantee agreement between B and B on the debt amounting to KRW 42,500,000 (85%) out of KRW 50,000,00,000, and its subordinate obligations, and issued a credit guarantee agreement between B and B, and B obtained a loan equivalent to the amount guaranteed by the said credit guarantee agreement from the Taedong branch of the National Bank.

C. B caused a credit guarantee accident due to a natural body on April 30, 2013, and the office of the National Bank Thaidong Branch requested the Plaintiff to pay the amount of the said credit guarantee to the Plaintiff. On September 16, 2013, the Plaintiff was the principal and interest of the loan to the National Bank Thaidong Branch.

(b) 41,101,764 won, above, for a credit guarantee for subsection (b).

For the credit guarantee of port, KRW 85,132,718 was subrogated for the sum of KRW 44,030,954.

On June 1, 2012, the Defendant borrowed KRW 20,000,000 to B, and had it repaid KRW 30,000,000 including interest after six months.

E. B did not pay the above loan to the Defendant on the date of repayment, and did not pay the loan amount on two occasions, and did not pay the loan amount on two occasions. Ultimately, on February 27, 2013, each real estate indicated in the separate sheet (hereinafter “each real estate of this case”) which is the only real estate (hereinafter “each real estate of this case”) with the maximum debt amount of 30,000,000 won set up a collateral security (hereinafter “mortgage”).

F. As to each of the instant real estate, this Court C had been in progress with respect to the said real estate, and the said court in the said auction procedure.

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