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(영문) 부산지방법원 2018.01.11 2017가단320725
사해행위취소
Text

On July 20, 2016, the defendant and the non-party C concluded each real estate listed in the separate sheet.

Reasons

Facts of recognition

On October 28, 2015, the Plaintiff Company A (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement with the Plaintiff and obtained a loan from a national bank on the 30th of the same month. The representative director C (hereinafter “Nonindicted”) jointly and severally guaranteed the obligations of the Nonparty Company under the said credit guarantee agreement.

On July 26, 2016, the Plaintiff received notice of a credit guarantee accident from a national bank, and subrogated the principal and interest of the loan 193,575,986 won on October 31 of the same year.

The Plaintiff filed an application for the payment order with the Changwon District Court 2016 tea 7164 against the Nonparty for the payment of KRW 195,487,631 and damages for delay, which became final and conclusive on December 16, 2016.

On July 15, 2016, the Nonparty, including the Nonparty’s creation of a collateral security right, terminated the previous collateral security right established on each real estate listed in the separate sheet (hereinafter “instant real estate”) on July 15, 2016, and each real estate is specified as “first real estate”). On July 20, 2016, on the ground of a contract to establish a collateral security right, the Nonparty completed the registration of establishment of a collateral security right established on each real estate listed in the separate sheet (hereinafter “instant real estate”). On July 20, 2016, under the ground of a contract to establish a collateral security right, KRW 80,000,000 with the Changwon District Court’s receipt of registration office for the first real estate, KRW 34939 with the maximum debt amount, KRW 70,00,000 with

(hereinafter “instant collateral security”). On September 26, 2016, Nonparty Company was declared bankrupt on September 26, 2016 in Busan District Court Decision 2016Hau1013, and was appointed as bankruptcy trustee by the Defendant.

The Nonparty’s active property was 24,882,30 won in total, excluding the third real estate built as a one-story roof, and the aggregate of the officially announced land values and publicly announced apartment prices, excluding the third real estate built as a one-story roof.

On the other hand, the Nonparty’s reimbursement liability against the Plaintiff and corporate bank amounting to KRW 401,560,000, and KRW 173,596,000 against the National Bank.

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