(영문) 전주지방법원군산지원 2020.03.12 2018가단53847

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(영문) 전주지방법원군산지원 2020.03.12 2018가단53847

사해행위취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 29, 2016, the Plaintiff’s credit guarantee contract between the non-party company and the non-party company that guarantees the principal and interest of loans that the non-party company receives from a financial institution (hereinafter “the instant guarantee contract”) (hereinafter “the instant guarantee contract”).

(2) On May 27, 2017, the non-party company provided a guarantee under the instant guarantee agreement and received a loan from the non-party C corporation. However, the non-party company failed to pay the principal and interest of the loan, which caused a credit guarantee accident on May 27, 2017. The plaintiff subrogated to the above non-party C to KRW 99,963,200 on behalf of the non-party company.

3) On November 23, 2017, the Plaintiff filed with the Daegu District Court an order for payment with the non-party company, and the said court issued the payment order to the effect that “the non-party company shall pay to the Plaintiff KRW 1,007,730,004 and delay damages therefor,” and the said order was finalized on March 14, 2018. B. Each real estate listed in the separate sheet of the non-party company (hereinafter “instant real estate”).

(1) On October 30, 2012, the non-party E Co., Ltd. (hereinafter “E”) and the non-party Co., Ltd.’s real estate Gun, including the instant real estate, was divided into G on January 23, 2013 in order to secure a loan granted by the non-party Co., Ltd. (hereinafter “D”).

A security trust contract concerning B (hereinafter “instant trust contract”) was concluded, and the trust period was five years from the date of conclusion of the trust contract, the first beneficiary is D and the beneficiary is the non-party company. The non-party company granted D the right to preferential repayment within the limit of the right to benefit of real estate held in trust for securing the principal and interest of the loan, and the non-party company agreed to recover ownership in case the above secured obligation was fully repaid.

2 The non-party company is about the instant real estate to E on October 30, 2012.

유사 판례

-전주지방법원군산지원 2020.03.12 2018가단53847

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-의정부지방법원 2021.04.09 2019가합57800

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