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Reasons
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(영문) 대전지방법원서산지원 2015.06.30 2013가단1886
사해행위취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s loan to Nonparty C Co., Ltd. (hereinafter “C”) (hereinafter “C”) lent KRW 300 million to C on April 15, 2009, with the interest rate of KRW 24% per annum on May 15, 2009, KRW 300 million per annum on July 30, 2009, ② interest rate of KRW 24% per annum on July 30, 2009, due date of repayment of KRW 350 million on October 30, 2009, ③ interest rate of KRW 24% per annum on September 18, 2009, and due date of repayment of KRW 750 million on September 25, 2009.

3) On December 28, 2009, the Plaintiff entered into an investment contract with C on December 28, 2009: “The Plaintiff shall substitute the remainder of KRW 700 million out of the total amount of KRW 750 million, excluding the amount of KRW 50 million repaid by C, with the terms and conditions of interest as they are; and shall calculate the amount of the Plaintiff’s investment and the annual interest rate of KRW 24% within one month at the time of request for collection of the amount of the Plaintiff’s investment, and Nonparty B jointly and severally guaranteed the Plaintiff’s obligation under the above investment agreement (hereinafter “instant joint and several guarantee”). (B) On December 28, 2009, the Defendant leased the amount of KRW 10 million to C on December 10, 2010; and (3) concluded a mortgage agreement with B on December 10, 2010, each of the real estate owned by B (hereinafter “Defendant 100 million”); and (4) concluded a mortgage agreement with B as to secure the above loan claim.

2) B did not have any particular active property other than the instant real estate at the time of entering into the instant mortgage contract. The market price of the instant real estate was KRW 55,230,680 in total. At the time, the establishment registration of the instant real estate was completed on January 20, 2010 with the first priority priority of KRW 325,000,000,000 for the debtor B, the fisheries cooperatives with the right to collateral security, the maximum debt amount, and the maximum debt amount. C) The Defendant did not pay interest.

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