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(영문) 서울중앙지방법원 2020.05.27 2018가합519194
사해행위취소
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 21, 2015, the Plaintiff and G concluded a credit guarantee agreement with L Bank 180,000,000 KRW 100,000,000 from L Bank 2 J 90,000,000 as KRW 100,000,000 from L Bank on May 31, 2016, as well as KRW 180,000 from L Bank 20,000,000 from L Bank 20,000,000,000 on May 31, 2016.

G was granted a loan of KRW 100,000,000, and KRW 100,000,000,000 from the I Bank as security each credit guarantee letter issued under the instant credit guarantee agreement, and KRW 200,00,000,00 from the L Bank on June 1, 2015, respectively.

On May 2016 and May 2017, the Plaintiff extended the term of guarantee for the instant credit guarantee agreement by one year without changing other terms and conditions of guarantee.

B. Each building-related G on November 18, 2016, listed in the separate sheet No. 1 of G’s disposal of real estate (hereinafter “real estate No. 1”) is each building listed in the separate sheet No. 1 owned by the Defendant A and G (hereinafter “real estate No. 1”).

() As to the maximum debt amount of KRW 2,200,000,000 was concluded, the establishment of a mortgage was completed to Defendant A on the same day. On August 14, 2017, G entered into a mortgage agreement with Defendant B on the maximum debt amount of KRW 80,00,000 with respect to the real estate of KRW 1, and completed the establishment of a mortgage to Defendant B on August 18, 2017. G entered into a mortgage agreement on the maximum debt amount of KRW 149,534,80 with respect to the real estate of KRW 149,534,80 with Defendant C on August 21, 2017, and completed the establishment of a mortgage on September 2, 2017, G entered the mortgage agreement on the land of KRW 20,000 with Defendant C on November 18, 2016, and completed the mortgage agreement on the land of KRW 200,290,290,200,29.

G is the defendant April 20, 2017.

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