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(영문) 광주지방법원 2015.01.27 2013가단514491
사해행위취소
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1. As to KRW 16,146,316 and KRW 15,639,484 among the Plaintiff, Defendant A shall be from September 16, 2013 to October 17, 2013.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant B

A. Basic facts 1) The Plaintiff concluded a credit guarantee agreement with the Defendant on July 24, 2012 with respect to the amount that the said Defendant obtained from the Gwangju Bank for the guaranteed amount of KRW 15,200,000, and the guarantee period from July 24, 2012 to July 22, 2013. 2) The Plaintiff subrogated to the Gwangju Bank on September 16, 2013 for the principal and interest of the Defendant’s loan amount of KRW 15,639,484 (= Principal amount of KRW 15,200,00 with interest of KRW 15,612, and penalty for substitute payment, KRW 41,200, and KRW 12% per annum after December 1, 2012.

3) On March 26, 2013, Defendant A and construction machinery listed in the separate sheet with Defendant B (hereinafter “instant construction machinery”) (hereinafter “instant construction machinery”).

3) As to the establishment of mortgage contract, the mortgage contract of this case is concluded (hereinafter “mortgage contract of this case”).

On the same day, the establishment of a mortgage had been registered to Defendant B with respect to the instant construction machinery at KRW 30,000,000. 4) On the instant construction machinery, the procedure for the auction of construction machinery rent to Gwangju District Court Seocheon Branch C (hereinafter “instant auction procedure”). On September 16, 2014, the distribution schedule was prepared to distribute the amount of KRW 23,268,966 to Defendant B and the amount of KRW 3,363,553 to Defendant B, who was the senior mortgagee, to the instant construction machinery.

5 Although Defendant A owned the instant construction machinery equivalent to KRW 50,00,000 as active property at the time of establishing the instant mortgage contract, Defendant A owned the instant construction machinery as passive property, Defendant A’s total liability for indemnity against the Plaintiff, and its total liability to the Plaintiff, 20, 300,000, and 68,512.

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