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(영문) 대전지방법원홍성지원 2014.12.24 2014가단3597
사해행위취소
Text

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

A. The Defendant and Nonparty B concluded on May 10, 2013.

Reasons

1. Basic facts

A. On April 10, 2007, the Plaintiff entered into a credit guarantee agreement with the non-party company (hereinafter “non-party company”) on April 10, 200, setting the guarantee period as KRW 255,000,000, and April 9, 2008, and changed the guarantee period to April 5, 2013, and the non-party company (hereinafter “non-party company”) jointly and severally guaranteed obligations under the above credit guarantee agreement with the non-party company.

B. On June 27, 2008, the Plaintiff concluded a credit guarantee contract with the non-party company as of June 26, 2013, setting the guarantee amount of KRW 99,00,000 and the guarantee period of KRW 20,000, and the non-party company as joint and several surety under the above credit guarantee contract of the non-party company.

C. On April 10, 200, 300,000 won (hereinafter “the first loan”), based on each credit guarantee contract, the non-party company loaned each of the loans from our bank (hereinafter “the second loan”), and on June 27, 2008, 110,000,000 won (hereinafter “the second loan”). However, on February 18, 2013, the Plaintiff lost the benefit of the period for the above loan, and pursuant to the said credit guarantee contract, on May 2, 2013, the Plaintiff paid 235,05,923 won as the first loan’s subrogation, and 80,745,201 won as the amount of the second loan’s subrogation.

B On May 10, 2013, with the Defendant, entered into a mortgage agreement with the obligor B, the mortgagee, the Defendant, and the maximum debt amount of KRW 180,000,000 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”). On May 10, 2013, the Daejeon District Court, the Daejeon District Court, as the receipt of No. 11583, May 10, 2013, completed the establishment registration of the neighboring real estate as the Defendant.

E. Meanwhile, at the time of concluding the instant mortgage contract, B is in excess of the obligation. [Grounds for recognition] There is no dispute, each of the evidence Nos. 1 through 5 (including numbers), and this Court’s order.

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