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(영문) 서울중앙지방법원 2015.09.09 2015가단5071002
사해행위취소
Text

1. On November 27, 2014, between the Defendant and B, a contract to establish a right at a lower price is concluded regarding real estate recorded in the attached list.

Reasons

1. Facts of recognition;

A. On July 8, 2010, the Plaintiff entered into a credit guarantee agreement between B and guaranteed principal of KRW 20,400,000 (the change to KRW 19,50,000) and July 7, 2011 (the change to July 3, 2015) and issued a credit guarantee certificate accordingly. B around that time obtained a loan of KRW 24,00,000 from the Korean bank based on the said credit guarantee agreement. B around that time, on November 20, 2014, lost the benefit of the period for the above loan, and the Plaintiff subrogated the principal and interest of KRW 20,072,535 to the Korean bank on March 9, 2015.

B. The Defendant’s establishment 1 of the right to collateral security (the Defendant’s establishment of the right to collateral security) operates the original body and bedclothes retail business in the name of C. 2) The Defendant supplied the original body to B from June 18, 2007 to July 24, 2014, but B did not pay the original unit price of KRW 85,200,650 as of October 1, 2014.

3) From July 25, 2014, the Defendant suspended supply to B, demanded the payment of the price for the goods, and B demanded the payment of the price for the goods. On November 27, 2014, the Defendant and the real estate listed in the separate sheet (hereinafter “instant real estate”).

As to the maximum debt amount of KRW 40,000,000 was concluded, and on November 28, 2014, the establishment registration of the right to collateral (hereinafter “instant right to collateral”) was completed with respect to the instant real estate in the future against the Defendant (hereinafter “instant right to collateral”).

(C) At the time of the instant mortgage contract regarding B’s property, B was holding only approximately KRW 72,00,000 at the market price as active property, and as passive property, only KRW 20,072,535, and KRW 85,200,650, and KRW 80,000,000 for the financial institution’s loan obligation to the Plaintiff. [In the absence of dispute over the grounds for recognition, evidence Nos. 1 through 8, and evidence Nos. 1 through 3, the entire purport of the pleadings, and the entire purport of the pleadings.

2. Determination

A. In principle, a claim that can be protected by the obligee’s right of revocation of the existence of the preserved claim is a fraudulent act.

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