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(영문) 광주지방법원 순천지원 2018.12.18 2018가단73710
사해행위취소
Text

1. As to the Plaintiff’s KRW 70,246,200 and KRW 70,000 among them, Defendant B shall be from April 13, 2018 to May 28, 2018.

Reasons

1. Basic facts

A. On July 14, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant B and Note E on July 14, 2017 with regard to the payment obligation owed by Defendant B under the sales agency agreement with Defendant B as of July 14, 2017, as well as a credit guarantee agreement with regard thereto (hereinafter “instant credit guarantee agreement”).

B) The Plaintiff concluded a credit guarantee contract. (B) The Plaintiff: (a) concluded a mortgage guarantee contract with the E on July 14, 2017, with a deposit of KRW 70,000,000; (b) the surety was a credit guarantee contract with the Defendant B; and (c) Defendant B entered into a transaction with the E on July 13, 2018; (b) on February 28, 2018, the E claimed the amount of credit guarantee to the Plaintiff; (b) the Plaintiff subrogated the amount of KRW 70,00,000 to the E on April 13, 2018; (c) the Plaintiff concluded a mortgage guarantee contract with the 246,200,000 won for the Plaintiff’s credit guarantee contract with the 30,000,000 won for each of the instant real property; and (d) concluded a mortgage registration contract with the 30,000,000 won for the establishment of a mortgage (the instant maximum debt amount of KRW 1); and (30,301,2030,3000,00,000,000,00,00.

Upon completion of the proceedings (the fact that there is no dispute over the grounds for recognition, each entry in Gap evidence 1 to 8, and the purport of the whole pleadings).

2. The assertion and judgment

A. According to the facts of the above recognition of the claim against Defendant B, Defendant B shall bear KRW 70,00,000 and the total of KRW 246,200 and the total of KRW 70,246,200 and the amount of KRW 70,00,00 among them.

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