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(영문) 춘천지방법원 2015.12.08 2015가단50968
사해행위취소
Text

1.(a)

Attachment B between the Defendant and B

1. A conclusive bond transfer contract concluded on May 8, 2014 with respect to the claims entered in the list.

Reasons

1. Facts of recognition;

A. On September 6, 2007, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Tax Health Co., Ltd. (hereinafter “the instant company”) on September 5, 2008, setting the guarantee amount of KRW 59,500,000, and the guarantee term of KRW 51,000,000 (the guarantee term was changed to August 29, 2014), and the Plaintiff jointly and severally guaranteed the Defendant’s obligation to the instant company under the said credit guarantee agreement.

B. The instant company submitted a credit guarantee statement issued under the instant credit guarantee agreement to the Nonghyup Bank Co., Ltd. (hereinafter “CF”) and borrowed KRW 70,000,000 from the Nonghyup Bank on September 13, 2007, but the credit guarantee accident occurred due to the party’s fault on June 23, 2014.

C. Accordingly, on July 15, 2014, the Plaintiff subrogated for KRW 51,234,739 to the Nonghyup Bank. From July 15, 2014 to November 27, 2014, KRW 2,290,824 was incurred as damages for delay on the said subrogated amount. The Plaintiff spent KRW 1,045,543 by subrogation.

On the other hand, B is attached to C.

1. On January 3, 2012, each real estate recorded in the list (hereinafter “each of the instant real estate”) entered into a mortgage agreement with C, with the maximum debt amount of KRW 70,00,00,00, and with C, with the debtor C, and with the creditor B, after completing the registration of establishment of a mortgage on the same day (hereinafter “the instant mortgage”). On May 8, 2014, the Defendant entered into a conclusive claim transfer agreement with the Defendant as to the secured claim of the instant mortgage (hereinafter “instant transfer agreement”). On May 9, 2014, the Defendant subsequently entered into an additional registration for the transfer of the right to collateral on the ground of the transfer of the said finalized claim.

E. Since then, on application of the Defendant, who is the mortgagee, the right to collateral security had commenced the voluntary auction procedure with the Chuncheon District Court D, and on September 22, 2015, the distribution schedule stating that KRW 37,154,635 is distributed to the Defendant on the date of distribution of the above auction procedure.

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