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(영문) 청주지방법원제천지원 2020.02.12 2019가단21664
사해행위취소
Text

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

A. It was concluded on December 13, 2017 between the Defendant and B.

Reasons

1. Basic facts

A. On September 25, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C Co., Ltd. (hereinafter “Nonindicted Company”) and issued to Nonparty Company a certificate of guarantee (85,000,000) for the guaranteed amount.

B. B is the representative of the non-party company

B on September 25, 2015, the non-party company guaranteed the indemnity obligation to be borne by the plaintiff in accordance with the credit guarantee agreement of this case.

C. The non-party company is above A.

On September 25, 2015, a loan of KRW 100,000 from D (hereinafter referred to as “D”) was granted on September 25, 2015 as security.

On September 25, 2017, the non-party company suffered a credit guarantee accident due to the "sales progress and the suspension of business", and the Plaintiff subrogated for KRW 86,828,931 on January 17, 2018.

E. On January 24, 2018, the Plaintiff filed an application with Nonparty Company and B for a payment order (U.S. District Court 2018 tea1045), and on January 24, 2018, issued an order to pay the amount of KRW 87,223,631 jointly and severally, as well as KRW 86,828,931, whichever is less than 10% per annum from January 17, 2018 to the delivery date of this payment order, and KRW 15% per annum from the next day to the day of full payment.

The above payment order was finalized on February 13, 2018.

F. On the other hand, on December 14, 2017, B completed the registration of creation of a mortgage over the maximum debt amount of 40,000,000 (the maximum debt amount of 40,000,000) to the Defendant on December 14, 2017, as the ground of the mortgage agreement (hereinafter “mortgage agreement”) concluded on December 13, 2017 with respect to KRW 825 square meters (hereinafter “instant real estate”).

G. As to the instant real estate, the Defendant, on July 6, 2018, and the Plaintiff received respectively a decision to commence compulsory auction on December 3, 2018.

[The real estate in this case is sold during the above compulsory auction procedure (Scheon District Court Youngcheon Branch F, G(combined)] and proceeds from the sale.

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