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(영문) 창원지방법원 2015.06.23 2014가단84896
사해행위취소
Text

1. As to the real estate stated in the attached list, the contract to establish a mortgage concluded by Defendant A and C on April 30, 2014 and the defendant.

Reasons

1. Facts of recognition;

A. From September 30, 208 to December 28, 2010, the Plaintiff provided a credit guarantee to the non-party company by entering into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) on six loans from the Industrial Bank of Korea and Han Bank, and the non-party C provided a joint and several guarantee as to the liability for indemnity under the said six credit guarantee agreement, which the non-party company bears to the Plaintiff.

B. From June 23, 2014 to August 29, 2014, the Plaintiff paid a total of KRW 2,292,326,285 to the Industrial Bank of Korea and Han Bank from June 23, 2014 to August 29, 2014, and the Plaintiff paid a total of KRW 2,292,326,285 to the Nonparty Company and Han Bank. On May 19, 2015, the closing of the pleadings, except for the amount recovered partially around the time, the Plaintiff held the claim for reimbursement, such as KRW 2,281,08,520

C. Meanwhile, on April 30, 2014, C entered into a mortgage agreement with Defendant A (hereinafter “instant real estate”) with regard to the real estate listed in the attached list (hereinafter “instant real estate”), and completed the registration of creation of a mortgage over KRW 10,000 of the maximum debt amount (hereinafter “the creation of a mortgage”) with Defendant B as the Head of Changwon District Court No. 22887, Apr. 30, 2014, as the receipt of the maximum debt amount of KRW 110,000,000 (hereinafter “the creation of a mortgage over the instant first place”) with Defendant B on May 13, 2014, and completed the mortgage registration with Defendant B with the same court as the maximum debt amount of KRW 60,000,000 (hereinafter “the creation of a mortgage”).

C At the time of entering into the instant first and second collateral mortgage agreement, the instant real estate and Ulsan-gu D building 205 and Kimhae-si 307, 307, Dong-dong 13, Dong-dong 13, Dong-dong 307, which are active property at the time of entering into the instant first and second collateral mortgage agreement, are owned by the instant real estate and the instant

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