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(영문) 광주지방법원 2016.01.13 2015가단516521
사해행위취소
Text

1. As to KRW 7,871,512 and KRW 7,612,514 among the Plaintiff and KRW 7,612,514, Defendant A’s year from May 12, 2015 to July 7, 2015.

Reasons

1. Defendant A and C

A. Indication of Claim: The part corresponding to the above Defendants among the reasons for the claim and the amended reasons for the claim.

(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Defendant B;

A. The establishment of a preserved claim and a fraudulent act 1) Defendant A loaned KRW 10 million from the Gwangju Bank on July 9, 2013. The Plaintiff concluded a credit guarantee agreement with Defendant A on the same day and provided credit guarantee for the loan obligation to Gwangju Bank; Defendant A delayed repayment of the aforementioned loan obligation on August 27, 2014; and Defendant A received a credit guarantee accident notice at that time; Defendant A received a credit guarantee accident notice on December 1, 2014, approximately four months thereafter (hereinafter “instant land”).

A) As to Defendant B, a mortgage contract with Defendant B on the amount of credit KRW 30 million is concluded (hereinafter “mortgage contract of this case”).

(2) Defendant B completed the registration of establishment of a mortgage of this case (hereinafter “registration of establishment of a mortgage of this case”) under No. 16321 of the same month with respect to the above land (hereinafter “registration of establishment”).

() Since the defendant A delayed repayment of the above loan obligation after about five months from the date of the above mortgage contract, the Gwangju Bank lost the benefit of the time limit for the above loan obligation and claimed the plaintiff to discharge the guaranteed obligation under the above credit guarantee contract. The plaintiff paid the plaintiff 7,612,514 won on May 12, 2015 on behalf of the defendant A, and the defendant A did not have any active property other than the land in this case and the above ground. The value of the above property is limited to KRW 43,678,00, and at the time of the above mortgage contract, the defendant A bears any obligation exceeding the value of the above active property. The fact that at the time of the above mortgage contract is not disputed between the parties, or that the defendant A bears any obligation exceeding the value of the above active property is recognized by the whole purport of the statement (including the serial number) in subparagraphs 1 through 5 as well as the whole pleading.2).

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