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(영문) 서울중앙지방법원 2016.01.27 2015가합546409
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. It was concluded on August 6, 2014 between B and the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff and C’s credit guarantee agreement 1) The Plaintiff is a stock company C on April 19, 2013 (hereinafter “foreign company”).

In addition, with respect to the principal and interest of a loan to be borne by a corporate bank, the non-party company entered into a credit guarantee agreement with the term of February 27, 2015 (hereinafter “instant credit guarantee agreement”) as to the credit guarantee principal and interest of a loan to be borne by the corporate bank (hereinafter “instant credit guarantee agreement”).

(2) On April 24, 2013, the representative director of the non-party company provided a credit guarantee certificate issued by the Plaintiff pursuant to the credit guarantee agreement of this case and received a loan from the company bank as of February 27, 2015, by setting the due date for repayment as of February 27, 2015.

B. On March 27, 2015, a credit guarantee accident occurred and on January 27, 2015, an enterprise bank performing the Plaintiff’s guaranteed obligation notified the Plaintiff of the occurrence of a guarantee accident due to delinquency in payment of the interest of the loan, and on May 18, 2015, the Plaintiff subrogated the Plaintiff to the enterprise bank for a total of KRW 425,608,390 (= Principal KRW 425,00,000, KRW 608,390) under the instant credit guarantee agreement.

C. B and the Defendant entered into a mortgage contract with regard to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on August 6, 2014, which was owned by B, with regard to the mortgagee B, the Defendant, the obligor, the non-party company, the maximum debt amount of KRW 1,200,000,000 (hereinafter “instant mortgage contract”), and on August 8, 2014, on the ground of the instant mortgage contract, the establishment registration was completed under the name of the Defendant.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) D.

B’s property status of B: (a) approximately KRW 3,281,450,270; and (b) KRW 3,680,847.

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