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(영문) 서울고등법원 2013.06.05 2012나50478
사해행위취소
Text

1. Upon receiving a claim for change in exchange with the litigation acceptance in the trial, the defendant is 461,618,814 won and the plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) concluded a credit transaction agreement with a new bank on March 24, 2008 with a credit amount of KRW 400 million, ② a credit transaction agreement with a credit amount of KRW 500 million on July 7, 2008, ③ a credit transaction agreement with a credit amount of KRW 100 million on June 11, 2009, ④ a credit transaction agreement with a credit amount of KRW 150 million on September 24, 2009, ⑤ a credit transaction agreement with a credit amount of KRW 150 million on June 13, 2009, ⑤ a credit transaction agreement with a credit amount of KRW 70 million on June 13, 2009, and C’s representative director, under each of the above credit transaction agreements, jointly and severally guaranteed a credit amount of KRW 300 million to a new bank by C.

Pursuant to each credit transaction agreement above, the obligation owed by C and B to a new bank is the amount equivalent to KRW 823,968,934 and interest for delay.

B. Around August 24, 2009, the Defendant lent KRW 1 billion to B.

B On June 3, 2010, 10 months later, on June 3, 2010, concluded a mortgage agreement with the defendant to establish a maximum debt amount of 800 million won with respect to the real estate indicated in the separate sheet, which is the only property owned by him (hereinafter “instant real estate”), and completed the registration of creation of a mortgage as Seoul Central District Court No. 27657, Jun. 3, 2010.

C. At the time, the instant real estate was leased and used by the new bank (the maximum amount of claims KRW 312,00,000) and the efficiency education for the stock company (hereinafter “efficiency education”). At the time of June 3, 2010, the senior mortgage, which was the mortgagee, was completed with the maximum debt amount of KRW 800,000 as well as the actual debt of the secured debt amount of KRW 300,000 as well as KRW 420,000 as the lessee’s deposit.

The registration of establishment of a neighboring mortgage in the name of efficiency education was cancelled on July 6, 2010, and the value of the instant real estate as of June 2010 is KRW 1,275,00,000.

B was declared bankrupt by the Seoul Central District Court on February 21, 2012, and the plaintiff was appointed as the bankruptcy trustee B on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, 12, 15,

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