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(영문) 창원지방법원 2020.03.27 2019가단120407
사해행위취소
Text

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

A. The Defendant and Nonparty B concluded on July 16, 2018.

Reasons

1. Basic facts

A. The Plaintiff received a guarantee request from C (hereinafter “Nonindicted Company”) whose representative director is Nonparty B, and agreed to guarantee the repayment obligation of the principal and interest of the loan that the said Company received from D Bank as indicated below, and B guaranteed the Plaintiff’s entire obligation to the Plaintiff under the credit guarantee agreement as to the Nonparty Company’s above.

On July 17, 2013, the non-party company submitted a guarantee under the issuance of the plaintiff and received a loan from the D bank.

E The term of guarantee was extended on July 12, 2019, and the condition was changed to KRW 170,000,000 (170,000).

B. In the above credit guarantee agreement, the non-party company agreed to pay the Plaintiff the performance amount of the guaranteed obligation, the interest rate determined by the Plaintiff, the damages according to the calculation method, incidental expenses (including the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation), additional guarantee fees, penalty, etc.

C. However, a guarantee accident occurred on November 9, 2018 due to the non-party company’s interest in arrears. On January 16, 2019, the Plaintiff subrogated to a bank for the principal and interest of KRW 173,034,350 (interest of KRW 170,000,000) (interest of KRW 3,044,350).

B, on July 16, 2018, concluded a mortgage agreement with the Defendant with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by him/her on July 16, 2018, and concluded a mortgage agreement with the Defendant on July 17, 2018, as the receipt of the Chuncheon District Court Registry No. 6176, July 17, 2018, the establishment registration of a mortgage was completed with respect to each of the instant real estate (hereinafter “the instant real estate”).

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7 (including satisfy number), the purport of whole pleadings

2. The allegation and the above-mentioned recognition.

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