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(영문) 창원지방법원 2015.02.25 2014가단74592
사해행위취소
Text

1. As to KRW 84,346,02 and KRW 84,344,049 among the Plaintiff, Defendant A shall be from March 25, 2014 to May 10, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against Defendant A 1) On July 30, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant A by setting the credit guarantee amount of KRW 90 million between July 30, 2013 and July 27, 2018 (hereinafter “instant credit guarantee agreement”).

(2) On July 31, 2013, Defendant A obtained a loan of KRW 100 million from Gyeongnam Bank Co., Ltd. (hereinafter “Seoul Bank”) (hereinafter “instant loan”) based on the instant credit guarantee agreement.

3) Defendant A closed the business of “D” on December 31, 2013, and Gyeongnam Bank notified the Plaintiff of the occurrence of a credit guarantee accident caused by the closure of Defendant A’s business establishment on March 3, 2014. 4) On March 25, 2014, the Plaintiff subrogated to the Gyeongnam Bank for the sum of the principal and interest of the instant loan amounting to KRW 90,347,473, in accordance with the instant credit guarantee agreement, the Plaintiff subrogated to the Gyeongnam Bank for the sum of the principal and interest of the instant loan amounting to KRW 90,347,47,473, in accordance with the credit guarantee agreement, and the bonds such as the remaining indemnity amount (hereinafter “the instant claim for indemnity”).

B. 1) Defendant A entered into the instant collective security contract with Defendant B on September 27, 2013, as indicated in the separate sheet (hereinafter referred to as “instant apartment”).

As to the maximum amount of debt regarding the mortgage contract of KRW 150 million (hereinafter referred to as the “mortgage contract of this case”)

(B) The registration of the establishment of the establishment of the neighboring mortgage (hereinafter referred to as "the establishment of the establishment of the neighboring mortgage") was received on September 27, 2013 by the Busan District Court and the registration of the establishment of the establishment of the neighboring mortgage of this case.

(2) At the time of the instant mortgage contract, the apartment of this case was set up with the maximum debt amount of 6,500,000 won, the first priority mortgage and the maximum debt amount of 7,800,000 won in the Korea Housing and Commercial Bank of Korea, and the second priority mortgage of the Korea Housing and Commercial Bank of the mortgagee.

C. On October 23, 2013, Defendant A entered into the instant sales contract with Defendant C, as to the instant apartment, 40,000.

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