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(영문) 대전지방법원천안지원 2016.11.22 2016가단107956
사해행위취소
Text

1. With respect to B large-scale real estate with B large-scale 681m2:

A. It was concluded on December 15, 2015 between the Defendant and C.

Reasons

1. Facts of recognition;

A. On August 4, 2009, the Plaintiff borrowed KRW 572,00,00 from the Industrial Bank of Korea by D Co., Ltd. (hereinafter “Nonindicted Company”). Accordingly, the Plaintiff entered into a credit guarantee agreement with the effect that the repayment obligation of KRW 457,60,000 among the principal and interest of loan to be borne by the said bank is guaranteed by the said bank (hereinafter “the instant credit guarantee agreement”). On the same day, C, the representative of the Nonparty Company, as the representative of the Nonparty Company, jointly and severally guaranteed the indemnity obligation that D Co., Ltd will bear to the Plaintiff. under the instant credit guarantee agreement.

B. As the non-party company failed to pay the principal and interest of the loan, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 371,107,792 on December 31, 2015, pursuant to the credit guarantee agreement of this case.

C. On December 15, 2015, C entered into a mortgage agreement with the Defendant as to the real estate B, B, 681 square meters (hereinafter “the instant real estate”), which is owned by C, with the maximum debt amount of KRW 67,00,000, and C, with the debtor C, and the mortgagee and the mortgagee as the Defendant (hereinafter “mortgage agreement”). Accordingly, on December 17, 2015, C completed the registration of establishment of mortgage (hereinafter “registration of establishment of mortgage of the instant neighboring real estate”) with the Suwon District Court on December 17, 2015.

After the conclusion of the instant mortgage contract, C’s small property is indicated as follows.

The creditor's debt amount (won) was refunded on December 10, 2015 to 10,479,000 won as of December 28, 2015, one of the amount as of December 10, 2015, for one of the KRW 8,969,000 from one card, as of October 28, 2015, as of December 28, 2015, as of January 28, 2015, as the amount as of January 28, 2016, for an enterprise bank 1,256,101,000, for the Seoul Guarantee Insurance Co., Ltd., Ltd. with the obligation to guarantee against the Seoul Guarantee Insurance Co., Ltd. 57,260,000, as of December 19, 201, as of the guarantee obligation against the Credit Guarantee Fund 367,196,0000 D Co. 16, May 2015;

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