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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. As of June 26, 2018, the Small and Medium Business Corporation (hereinafter referred to as “D”) provided loans by designating the principal and interest of KRW 150,000,000 as the business start-up assistance fund for two years from June 5, 2015 as the repayment method once every two years. On August 22, 2016, the Small and Medium Business Corporation provided loans by designating the principal and interest of KRW 100,000 as the ordinary business start-up assistance fund for three years after the two-year grace period (hereinafter referred to as “the instant loan agreement”). A, the representative of D, as of March 26, 2018, jointly and severally guaranteed debt owed to D. As of the instant loan agreement, A bears the obligation of KRW 182,160,40,00 based on the instant loan agreement.
B. On April 26, 2017, A concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on April 26, 2017, and on April 27, 2017, the Daegu District Court No. 6673 of the Daegu District Court rendered the Defendant on April 27, 2017, as the receipt of the maximum debt amount of KRW 100,000,000, and the debtor’s establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage of this case”). A was insolvent from March 2017, 2017, prior to the date of the instant mortgage agreement.
C. A’s bankruptcy and Plaintiff’s taking-off of lawsuit were declared bankrupt on April 9, 2018 by Suwon District Court 2017Hadan100865, and on the same day, the Plaintiff was appointed as A’s bankruptcy trustee. 2) The Plaintiff taken over the instant lawsuit from the Small and Medium Business Corporation pursuant to Articles 406 and 347(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), and changed the previous lawsuit seeking revocation to an exchange of the lawsuit seeking revocation of fraudulent act.
[Ground of recognition] Facts without dispute, Gap 1-11 evidence, Eul 2 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff alleged by the parties, A.A.