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(영문) 대전지방법원천안지원 2016.08.30 2015가단103599
사해행위취소
Text

1. As to KRW 26,680,736 and KRW 25,936,816 among the Plaintiff, Defendant A’s year from March 6, 2015 to August 14, 2015.

Reasons

1. Facts of recognition;

A. On February 28, 2014, the Plaintiff obtained a loan of KRW 30,00,000 from the Busan District Office of the Nonghyup Bank (hereinafter “the instant credit guarantee agreement”) from Defendant A to guarantee the obligation to pay interest thereon (hereinafter “the instant credit guarantee agreement”).

(2) As Defendant A failed to repay the above loan, the Plaintiff subrogated to the Nonghyup Bank for the total amount of KRW 25,936,816 in accordance with the Credit Guarantee Agreement.

3) The agreed interest rate for delay under the instant credit guarantee agreement is 12% per annum from the date of subrogation. 4) The Plaintiff spent 743,920 won for legal procedure costs to preserve the claim for indemnity.

B. Defendant A’s act of disposing of property (1) Defendant A’s real estate indicated in the attached Form (hereinafter “instant real estate”) with Defendant B on August 21, 2014.

As to Defendant A’s share of 97/100 of the instant real estate, a mortgage agreement was concluded between Defendant A, Defendant B, and the maximum debt amount of KRW 100,00,000 (hereinafter “the first mortgage agreement”). Accordingly, the establishment registration of a mortgage (hereinafter “the first mortgage”) was completed as of the same day at the ASEAN registry office of Daejeon District Court, No. 54744, Dec. 8, 2014; thereafter, Defendant A and Defendant C entered into a mortgage agreement with Defendant A, the mortgagee C, the maximum debt amount of KRW 52,00,000 with respect to the share of KRW 97/10 of the instant real estate (hereinafter “the second mortgage agreement”). Accordingly, the establishment registration of a mortgage was completed as of the date of receipt of the first mortgage registration (hereinafter “the second mortgage agreement”).

C. The financial status of Defendant A (1) as of August 21, 2014.

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