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(영문) 부산지방법원서부지원 2019.09.20 2018가단116826
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on August 22, 2017 between C and the Defendant regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim against D (hereinafter “Nonindicted Company”) and the representative director C of the non-party company as indicated in the grounds for the claim as indicated in the attached Form (hereinafter “Nonindicted Company”) on December 14, 2018, totaling KRW 101,403,406 as subrogation on December 14, 2018, such as indemnity claim, delay damages, penalty, etc.

At the time of entering into a credit guarantee agreement, the Plaintiff and the Nonparty Company entered into an agreement on the right of prior reimbursement to the obligor or the joint guarantor C to seek a prior reimbursement without any separate notice or peremptory notice in cases where the credit standing of the Nonparty Company is deemed necessary due to its gross aggravation, such as violating the obligation of the principal obligation.

B. From January 10, 2018, the non-party company started to pay back its loans to an enterprise bank, which is the primary obligation, and registered on the same day.

C. On August 22, 2017, the Defendant, as the lessee of a factory of Gangseo-gu Busan Metropolitan Government, the place of business of the non-party company, concluded a mortgage contract, which is the maximum debt amount of 130,000,000 with respect to the real estate listed in the separate sheet owned by C and C (hereinafter referred to as “instant real estate”) (hereinafter referred to as “instant mortgage contract”), and on August 29, 2017, on August 29, 2017, the Defendant registered the establishment of a mortgage on the instant real estate as Busan District Court Branch Branch Decision 36834, August 29, 2017.

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

1) At the time of entering into the instant mortgage contract, C had no particular active property except for one of the instant real estate and non-business vehicles. However, not only the secured debt against FF Bank, but also the financial institution with a maximum of KRW 330 million. 2) On the instant real estate, FF Bank’s mortgage (the secured debt amount at the time of the instant mortgage contract) with the maximum debt amount set forth on September 21, 2015, KRW 224,400,00 for the instant real estate was the secured debt amount of KRW 197,294,539).

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