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1. The part against the defendant in the judgment of the first instance is revoked.
2.(a)
A list 1, 3 through 18.0 between the defendant and C
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) The Plaintiff Company D Co., Ltd. (hereinafter “D”) on May 19, 2006
B) On May 18, 2007, the term of guarantee was extended on May 6, 2007 (after this, several times) with respect to D’s obligation to repay the principal and interest of loan to D’s E bank.
A) After concluding a credit guarantee agreement prescribed under the said credit guarantee agreement, D was granted a loan of KRW 500,00,000 from E bank on May 4, 2010. D’s representative director C guaranteed all obligations to D under the said credit guarantee agreement. (ii) After D’s occurrence of a credit guarantee accident, such as delinquency in interest to E bank on January 23, 2016, and the Plaintiff paid to E bank the total amount of KRW 380,000,000, interest amount of KRW 5,526,186, total amount of KRW 385,526,186,186 under the said credit guarantee agreement.
B. C’s agreement to establish a right to collateral security between C and the Defendant on August 21, 2015 between the Defendant and the maximum debt amount of KRW 500,00,000 on August 21, 2015, and C’s agreement to establish a right to collateral security (hereinafter referred to as “right to collateral security”) between C and the Defendant as the Defendant on August 21, 2015.
(B) On August 24, 2015, the registration of the establishment of the neighboring establishment was completed by the Changwon District Court Joint Registry No. 12504 on August 24, 2015. [In the absence of any dispute over the grounds for recognition, the entries in Gap evidence No. 1-1 through 10, Gap evidence No. 1-2, No. 3, No. 4-1 through No. 24, Gap evidence No. 4-7, and No. 11, and the fact-finding with respect to the E Bank Joint Military Branch, the entire purport
2. Summary of the parties’ assertion
A. In the case of each real estate listed in the separate list 1, 3, and 18 of the collateral security agreement concluded between the Plaintiff and C on August 21, 2015 (hereinafter “instant collateral security agreement”), there is priority in mortgage in the case of each real estate listed in the separate list 21 through 25 of the separate list (hereinafter “instant collateral security agreement”). It constitutes a fraudulent act detrimental to C’s creditors, including the Plaintiff, and thus, should be revoked.