(영문) 청주지방법원 2017.07.20 2016가단116787

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(영문) 청주지방법원 2017.07.20 2016가단116787

사해행위취소

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1. The contract to establish a right to collateral security concluded on September 27, 2016 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On March 25, 2015, the Plaintiff loaned KRW 150,000,00 to C (hereinafter “Nonindicted Company”) with interest rate of 4.31% per annum and 12% per annum. The principal shall be repaid in installments in accordance with the schedule of repayment of principal and interest every three months after one year’s grace period, and the interest shall be paid on the monthly repayment date in accordance with the schedule of repayment of principal and interest, and if payment of interest, principal, etc. is delayed, compensation for delay shall be added to the amount to be paid.

(hereinafter “instant loan”). (b)

On the same day, B, the representative director of the non-party company, was jointly and severally guaranteed all debts owed to the plaintiff in the present and future due to the loan of this case within the limit of 180,000,000.

C. On September 27, 2016, the Defendant concluded a mortgage contract with the maximum debt amount of KRW 52,00,000, and the debtor B and the mortgagee as the Defendant (hereinafter “mortgage contract”). On the same day, the Defendant completed the registration of establishment of a neighboring mortgage under the Defendant’s name (hereinafter “the registration of establishment of a neighboring mortgage”) as the receipt of No. 1822, Sept. 27, 2016, based on the ground of the instant mortgage contract.

At the time of entering into the instant mortgage agreement, the instant real estate was due to the real estate as active property B at the time of entering into the instant mortgage agreement, and there was no evidence to know the accurate value at the time of entering into the instant mortgage agreement, but the transaction value reported by B at the time of acquiring ownership on July 17, 2009 was KRW 109,00,000.

In sum, KRW 336,511,438 (i.e., KRW 155,150,679 (2) to the Plaintiff’s indemnity liability of KRW 76,50,000 against the Korea Credit Guarantee Fund. (iii) A debt of KRW 64,860,759 (40,000) against the Defendant’s carried-over agricultural cooperative; and (iv) a debt of KRW 40,00,000 against the Defendant.

[Reasons for Recognition]

유사 판례

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