logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2017.03.29 2016가단55239
구상금
Text

1. As to real estate listed in the separate sheet:

A. It was concluded on January 18, 2016 between the Defendant and B.

Reasons

1. Basic facts

A. On August 21, 2014, the Plaintiff entered into a credit guarantee agreement with C (hereinafter “C”) on a credit guarantee agreement with the original limit of KRW 85 million with respect to the loan obligations for the first branch of the Bank of Korea located in C, and on June 5, 2015, the credit guarantee agreement with C as to the loan obligations for the first branch of the Bank of Korea located in the Nonghyup Bank was concluded on a credit guarantee agreement with C as to the original limit of KRW 90 million, and B jointly and severally guaranteed the obligation to be borne by C to the Plaintiff under the respective credit guarantee agreement.

B. On February 15, 2016, an insured incident under the rehabilitation procedure against C took place. The Plaintiff repaid KRW 85,261,516 to the Industrial Bank of Korea on April 5, 2016, and KRW 90,009,467 to the Nonghyup Bank on June 5, 2016, in accordance with the credit guarantee contract stated in the preceding paragraph.

C. On January 18, 2016, B entered into a mortgage agreement with the Defendant to provide real estate listed in the separate sheet listed in B as collateral, and completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) to the Defendant as of January 18, 2016, which was received on January 18, 2016 from the Chuncheon District Court Branch Office, as of January 669.

[Reasons for Recognition: Facts without dispute, entry in Gap evidence 1 to Gap 7 (Evidence with Serial Numbers include Serial Numbers), the purport of the whole pleadings]

2. Determination

A. Although it is required that, in principle, a claim that can be protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act, it is highly probable that at the time of the fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and that the claim has already been established in the near future by virtue of such legal relations, and in the near future, the claim may also become a preserved claim of the obligee’s right of revocation in case where the claim has been created by the

(Supreme Court Decision 2010Da68084 Decided January 13, 201). The establishment of a claim for indemnity is established on January 18, 2016, which is the date of the instant contract to establish the right of collateral security.

arrow