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(영문) 대구지방법원 2020.01.17 2019가단123080
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on August 13, 2018 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On December 12, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C Co., Ltd. (hereinafter “Nonindicted Company”) by setting the guarantee principal as KRW 100 million and the guarantee period from December 12, 2012 to December 11, 2019, and at the time, B, the representative of the Nonparty Company, as the representative of the Nonparty Company, jointly and severally guaranteed the indemnity liability owed by the said Company pursuant to the instant credit guarantee agreement.

B. On December 15, 2016, Nonparty Company submitted a credit guarantee under the instant credit guarantee agreement and received a loan of KRW 100 million from D Bank.

(hereinafter “instant loan”). C.

On December 16, 2018, the non-party company did not pay interest on the instant loan and caused a credit guarantee accident.

On May 15, 2019, the Plaintiff repaid KRW 155,607,034 to the D Bank on behalf of Nonparty Company.

On May 24, 2019, the Plaintiff filed an order with Nonparty Company B to pay the amount of reimbursement with the Daegu District Court 2019 tea8106, and the Plaintiff jointly and severally filed an order to pay the amount of reimbursement for KRW 103,226,764 and delay damages for KRW 102,273,724.

E. B, on August 13, 2018, concluded a mortgage agreement with the Defendant regarding the real estate indicated in the separate sheet (hereinafter “instant real estate”) which is the only property of the Defendant, with the maximum debt amount of KRW 80 million (hereinafter “instant mortgage agreement”), and completed the registration of establishment of a neighboring mortgage to the Defendant on the same day.

F. B, August 23, 2018, concluded a sales contract with the Defendant for the instant real estate amounting to KRW 65 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer with respect to the instant real estate to the Defendant on the same day.

The registration of the establishment of the instant neighboring mortgage was cancelled due to the cancellation on the same day.

G. As to the instant real property, KRW 30 million and the debtor E and the mortgagee shall be the maximum debt amount.

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