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(영문) 수원지방법원 성남지원 2018.02.13 2016가단217078
사해행위취소
Text

1. It was concluded on January 19, 2016 with regard to each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. On July 29, 2014, the Plaintiff extended a loan of KRW 100 million (hereinafter “instant loan”) to C with the interest rate “4.95% per annum on fixed interest rate” and “100 million per July 29, 2015 with maturity” (hereinafter “instant loan”), and B limited the above loan obligations against the Plaintiff of C.

On July 27, 2015, the Plaintiff entered into an additional agreement to change the terms and conditions of credit transaction by changing the maturity into July 29, 2016 between Company C and C as “5.72% of the fixed interest rate,” and the said changed obligation again and jointly guaranteed the said changed obligation.

B. On October 24, 2014, the Plaintiff entered into a payment guarantee contract (hereinafter “instant payment guarantee contract”) with C as of October 24, 2015, with the maximum amount of payment guarantee as KRW 100 million, and the period of payment guarantee as of October 24, 2015, and B limited the payment guarantee contract with C as of KRW 120 million.

C. After that, the Plaintiff paid KRW 93,747,196 on November 6, 2015 on behalf of Co., Ltd., upon the occurrence of the cause for payment under the instant payment guarantee contract. As of May 24, 2016, the remainder of the Plaintiff’s claim based on the instant payment guarantee contract is KRW 100,974,971, and the balance of the principal and interest of the instant loan is KRW 107,045,123.

On the other hand, around January 2016, B entered into a contract to establish a mortgage (hereinafter “mortgage contract of this case”) on October 31, 201 with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with the Defendant on October 31, 201 as the grounds for registration, the maximum debt amount of KRW 100 million, and the obligor B, with respect to the establishment of a mortgage of each of the instant real estates listed in the separate sheet (hereinafter “instant real estates”).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary claim: the mortgage contract of this case is revoked.

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