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Reasons
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(영문) 서울중앙지방법원 2015.07.23 2015가합523574
사해행위취소
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1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 297,663,902 and KRW 296,609,414.

Reasons

1. Determination as to the claim against Defendant A and B

(a) Attached Form for indicating claims;

2. The description of the cause of the claim;

(b) Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming that the application is made);

2. Determination as to the claim against Defendant SPPPP

A. Fact 1) The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) and issued a credit guarantee certificate, as described below [Attachment].

Defendant A issued the said credit guarantee certificate and borrowed a total of KRW 296 million from the Bank of Korea (hereinafter “Korea Bank”).

(2) On May 9, 2013 (referring to the change to May 8, 2015), the Plaintiff did not pay the principal and interest of the instant loan to Defendant A2 on March 18, 2014 (as of May 10, 2012), as the financial situation of the Plaintiff’s general fund loan institution under the guarantee principal (as of May 10, 2012), and KRW 720 million (as of May 10, 2012, the changed to KRW 216 million) of the loan institution under the guarantee principal (as of May 8, 2015, the changed to May 8, 2015) of the loan institution under the guarantee principal (as of March 19, 2013), and the Plaintiff did not pay the principal and interest of the instant loan to Defendant A2 as of February 18, 2014 (as of March 18, 2015).

2) Defendant A and Defendant SPPP Co., Ltd. (hereinafter “Defendant member SPPP”) concluded a collateral security agreement with Defendant A and Defendant SPPP (hereinafter “Defendant member”).

on December 16, 2013, attached Form A owned by Defendant A

1. The establishment of a mortgage-based contract on each of the real estate recorded in the list (hereinafter “each of the instant real estate”) was concluded, and on December 20, 2013, the establishment of a mortgage-based establishment registration was completed.

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