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(영문) 서울중앙지방법원 2016.09.28 2015가단5358860
사해행위취소
Text

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

A. It was concluded on May 22, 2014 between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee contract (hereinafter “instant credit guarantee contract”) with B, which operates a marina market, and issued a written credit guarantee contract with the following contents:

The term of guarantee principal of the credit guarantee contract date of April 16, 2014 and the term of credit guarantee contract of this case from April 16, 2014 to April 15, 2015. The term of credit guarantee contract of this case from April 16, 2014 to April 16, 2015

B. B, on April 17, 2014, offered a credit guarantee certificate issued by the Plaintiff under each credit guarantee contract of this case as security to the Industrial Bank of Korea, and received a loan of KRW 290,000,000 in total on two occasions.

C. The Plaintiff and B agreed that, in the instant credit guarantee agreement, if B violated or discontinued the obligation to discharge the principal obligation, the Plaintiff may compensate for the guaranteed amount in advance even before the subrogation.

After that, on December 17, 2014, the Industrial Bank of Korea lost the interest of the above loan due to delinquency, and on January 30, 2015, filed a claim against the Plaintiff for the deposit under each credit guarantee contract of this case. On February 27, 2015, the Plaintiff acquired a claim for reimbursement against B by subrogation for the loan principal amounting to KRW 244,270,617 ( KRW 152,00,000, interest rate of KRW 1,442,342, interest rate of KRW 1,442, and interest rate of KRW 90,00,00, interest rate of KRW 828,275 (hereinafter “instant claim for reimbursement”).

E. On the other hand, on May 22, 2014, B concluded a mortgage agreement with the Defendant, as to the real estate indicated in the separate sheet (hereinafter “instant real estate”) as one’s own ownership, with the maximum debt amount of KRW 70,000,000 (hereinafter “instant mortgage agreement”) and completed the registration of creation of a neighboring mortgage to the Defendant on the same day.

F. Thereafter, as to the instant real estate on November 1, 2014.

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