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(영문) 서울회생법원 2020.02.10 2019가단100545
사해행위취소
Text

1. Of the distribution schedule prepared on June 21, 2019 by the above court with respect to the case of the voluntary auction of real estate D by the Seoul Central District Court.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor and the Plaintiff’s Intervenor A’s Credit Guarantee Fund (hereinafter “Credit Guarantee Fund”) concluded a credit guarantee agreement between the Plaintiff’s Intervenor and the Plaintiff’s Intervenor with the Credit Guarantee Fund (hereinafter “debtor”) to provide a credit guarantee for a guarantee period within the scope of the guaranteed amount for the payment of the principal and interest of loan in obtaining a loan from the Bank.

B. On May 29, 2009, a debtor who pays the credit guarantee fund in subrogation due to overdue payment of the principal and interest of the debtor was granted a loan of KRW 300 million from the Industrial Bank of Korea as security, but delinquency in paying the principal and interest thereof was caused by a credit guarantee accident on October 19, 2017. Accordingly, on January 30, 2018, the Korea Credit Guarantee Fund paid the Bank KRW 243,816,907 by subrogation.

C. The obligor, on March 23, 2017, concluded a mortgage agreement with the Defendant and the Defendant, establishing a mortgage agreement with the maximum debt amount of 85,00,000,000 won, and the mortgage agreement with the mortgagee as the Defendant (hereinafter “mortgage agreement”). On the same day, the obligor completed the registration of the establishment of a mortgage (hereinafter “mortgage creation”) prior to the Seoul Central District Court on March 23, 2017, as Seoul Central District Court’s registration No. 52327, Mar. 23, 2017, regarding the real estate listed in the attached list (hereinafter “instant real estate”).

The payment order for subrogation and the proceedings of this case 1) The Credit Guarantee Fund shall be the debtor on June 4, 2018 (hereinafter referred to as the "debtor").

The debtor on June 8, 2018 filed an application with the Seoul East Eastern District Court for a payment order with the Seoul Eastern District Court No. 2018 tea12478, and on June 8, 2018, the debtor applied to the Korea Credit Guarantee Fund for a payment order with 245,729,659 won and 243,816,907 won among them, shall be 10% per annum from January 30, 2018 to the date of final delivery of the original copy of the payment order, and 15% per annum from the next day to the date of full payment.

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