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(영문) 부산지방법원 2017.12.14 2017가단316016
사해행위취소
Text

1. The transfer contract of KRW 52,000,000 entered into on January 24, 2017 between the Defendant and B is revoked.

2. The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with B as shown in the attached Table 1 (hereinafter “instant credit guarantee agreement”), and B obtained a loan from the Suhyup Bank as shown in the attached Table 2.

B. Around January 17, 2017, the Plaintiff incurred a credit guarantee accident due to the current fault, etc., and the Plaintiff subrogated to the Suhyup Bank as shown in the attached Table 3.

C. According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the interest rate as shown in Appendix B from the date of performance to the date of full payment is to be paid.

The plaintiff recover 115,188 won from B to appropriate it for the principal of the subrogation, and the balance of the amount of subrogation and the amount of loss for final delay shall be as specified in attached Table 5.

E. The Plaintiff filed an application for payment order with the Busan District Court Branch Decision 2017 tea764 with respect to the claim for reimbursement of KRW 95,658,11 with respect to the amount of subrogated payment and delayed payment damages as total amount of KRW 95,658,111 against B, and the payment order was issued on March 28, 2017.

4. 19. The above order became final and conclusive.

F. Meanwhile, B received on November 30, 1999 the claim KRW 52,00,000, out of the secured debt of the right to collateral security created by E with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”). On the other hand, B received the registration of transfer of the instant right to collateral security (hereinafter “instant right to collateral security”) from the Cheongju District Court Branch on December 16, 1999, which was received on December 16, 199, and B received the registration of transfer of the instant right to collateral security (hereinafter “instant right to collateral security”) from the Defendant on January 24, 2017 on the ground of the transfer of confirmed claim (hereinafter “the instant right to collateral security”).

G. At the time of January 24, 2017, B did not have any other active property than KRW 52,00,000,000 on the instant collateral security right.

[Reasons for Recognition] A. Each entry in Gap evidence 1 to 10, without dispute.

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