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(영문) 부산지방법원동부지원 2020.05.06 2017가단207866
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. It was concluded on October 26, 2016 between Defendant A and C.

Reasons

1. Facts of recognition;

A. (i) On September 12, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) between C and C, which operated “I” and C, with respect to the principal and interest of loan to be paid by J bank in obtaining a general loan from J bank, with a credit guarantee agreement up to September 11, 2014 (hereinafter “the instant credit guarantee agreement”).

Things C was granted a loan of KRW 100,000,000 from the J bank in accordance with the credit guarantee form issued by the Plaintiff on the same day.

Consolidated, the term of guarantee of the instant credit guarantee agreement was extended to September 8, 2017.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (i.e., the credit guarantee accident) occurred on November 22, 2016 due to registration of credit management information (hereinafter “the instant credit guarantee accident”), and the Plaintiff subrogated to the J bank for the total amount of KRW 90,635,275 (i.e., principal and interest on the instant credit guarantee agreement (i., the principal amount of KRW 90,000,000), around March 24, 2017 upon the J bank’s request for performance of guaranteed liability.

According to the Luxembourg Credit Guarantee Fund Act and the Credit Guarantee Agreement, when the Plaintiff fulfilled the guaranteed obligation, the Plaintiff is paid 10% (the Plaintiff’s prescribed rate according to autonomy) interest rate from the date of performance to the date of full payment, and the legal procedure expenses incurred by the Plaintiff in order to compensate for the damages for the damages for delay and the claims for reimbursement. Of the above legal procedure expenses, the unpaid amount is KRW 1,206,049.

C. (i) around August 16, 2016, C entered into a mortgage agreement with Defendant B on the real estate indicated in the separate sheet (hereinafter “instant real estate”), and on the same day, B concluded a mortgage agreement on the said real estate with Defendant B as the receipt of the Yangsan District Court’s receipt of 50,000,000 won, and the registration of the establishment of a mortgage on the said real estate by the obligor C and the Defendant B.

The first right to collateral security (hereinafter referred to as the “registration of creation”) of this case.

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