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(영문) 창원지방법원 2017.10.26 2017가단103569
사해행위취소
Text

1. As to KRW 8,158,208 and KRW 7,821,620 among the Plaintiff, Defendant A’s annual year from November 29, 2016 to June 17, 2017.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee that Defendant A obtained a loan of KRW 15,000,000 from the Seocho-gu Community Credit Cooperatives on June 24, 2009 as a loan for operation funds (hereinafter “the instant credit guarantee agreement”).

(B) Defendant A received a credit guarantee form from the Plaintiff and received the said money (the said credit guarantee period was extended until June 24, 2017).

(2) On August 18, 2016, Defendant A caused a credit guarantee accident by delinquency with principal and interest. On November 29, 2016, the Plaintiff paid KRW 7,878,930 on behalf of the Plaintiff at the request of the Seochowon Community Credit Depository by subrogation.

3) As of November 29, 2016, the interest on a subrogation under the above credit guarantee agreement remains 8,158,208 won (i.e., the loan principal of KRW 18 million, the legal procedure cost of KRW 7,821,620, the loan principal of KRW 336,570). Around that time, the Plaintiff’s interest rate for delay determined by the credit guarantee agreement of this case was 12% per annum. (ii) Defendant A, who created a right to collateral security, on April 15, 2016, was each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

As to the obligor A, the Defendant, the maximum debt amount of KRW 40,000,000 (hereinafter “instant mortgage contract”).

(2) The registration of the establishment of a neighboring mortgage of this case (hereinafter “registration of the establishment of a neighboring mortgage of this case”) was concluded on the 18th day of the same month by the Jeonju District Court No. 6831 to the Defendant B.

C) At the time of the completion of the registration of the establishment of the neighboring property of this case, Defendant A was liable to Defendant A with the small property at the time of the completion of the registration of the establishment of the neighboring property of this case, and was in excess of his liability because Defendant A did not own any active property other than each of the instant real estate (total market price of KRW 18,414,00) and did not hold any other active property.

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