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(영문) 의정부지방법원 2018.08.17 2017가단115873
사해행위취소
Text

1. As to B, 309 square meters prior to Macheon-si:

A. The mortgage contract concluded on January 25, 2017 between the Defendant and C is concluded.

Reasons

1. Facts of recognition;

A. 1) D Co., Ltd. (hereinafter “D”)

(3) In order to obtain a loan from the Industrial Bank of Korea, on April 14, 2016, the term “credit guarantee agreement” refers to a credit guarantee agreement between the Plaintiff and the Plaintiff on April 14, 2017, setting the term of guarantee as KRW 135,00,000, and the term of guarantee (hereinafter “instant credit guarantee agreement”).

(2) After concluding the instant credit guarantee agreement, C, the representative director of D, was jointly and severally guaranteed all obligations owed by D to the Plaintiff pursuant to the instant credit guarantee agreement at the time of the instant credit guarantee agreement.

B. As of December 14, 2016, the occurrence of a credit guarantee accident and subrogated D began to delay payment of interest to the Industrial Bank of Korea. On February 14, 2017, a credit guarantee accident under the instant credit guarantee agreement occurred on the ground of the current fault. On March 24, 2017, the Plaintiff subrogated KRW 136,30,112 to the Industrial Bank of Korea in accordance with the instant credit guarantee agreement.

C. Meanwhile, on January 25, 2017, C concluded a mortgage agreement with the Defendant regarding the size of 309 square meters (hereinafter “instant real estate”) prior to Macheon-si B (hereinafter “instant mortgage agreement”) on the ground of the agreement, and on February 3, 2017, C completed the registration of establishment of a mortgage over the debtor C and the Defendant (hereinafter “registration of establishment of a mortgage over the instant real estate”). D. As the receipt of the maximum debt amount No. 4178 on February 3, 2017, the Mapo-gu District Court of Sucheon-si (hereinafter “instant maximum debt amount”).

C’s financial status was 64,890,000 won to KRW 84,357,000 to KRW 28,000 to KRW 30,000 to KRW 300,00 as claimed by the Plaintiff, while the Defendant’s financial status was 178,00,000 to KRW 178,00,00 to the Bank and KRW 100,000 to the Small and Medium Business Corporation.

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