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(영문) 대구지방법원서부지원 2020.08.19 2019가단68623
사해행위취소
Text

1. A contract establishing a mortgage between the Defendant and Nonparty B on December 4, 2018 regarding the 671m2 in Kimcheon-si, Kimcheon-si.

Reasons

1. Basic facts

A. On June 9, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the amount guaranteed as KRW 85,00,000, and the term of guarantee until June 8, 2016 (by June 7, 2019), and issued a credit guarantee certificate (Guarantee Number D) to B.

B was granted a loan of KRW 100,000,000 from the Industrial Bank of Korea pursuant to the above credit guarantee agreement.

(hereinafter “instant loan obligations”). (b)

According to the credit guarantee agreement of this case, where the plaintiff performed the guaranteed obligation on behalf of B, B shall pay to the plaintiff the amount of the guaranteed obligation and the amount of damages calculated at the rate of damages determined by the plaintiff from the date of the performance of the guaranteed obligation to the date of repayment, ② the expenses incurred in the preservation, transfer and exercise of the right acquired

(Article X(1)(c).

B defaulted on the repayment of the instant loan obligation, and lost the benefit of April 5, 2019. On July 4, 2019, the Plaintiff subrogated for KRW 68,80,878 of the principal and interest of B to the Industrial Bank of Korea.

On September 20, 2019, the Plaintiff applied for a payment order against B (Seoul District Court Decision 2019 tea14582), and on September 20, 2019, the said court ordered the Plaintiff to pay KRW 69,752,73 (the amount of subrogated payment of KRW 68,80,878 (the amount of subrogated payment of KRW 87,020 shall be KRW 364,835) and the amount of KRW 68,80,878, whichever was later, from July 4, 2019 to the delivery date of the original copy of the instant payment order, 8,800 per annum, and from the following day to the date of full payment, the payment order was finalized as it is.

E. Meanwhile, on the other hand, on December 4, 2018, B entered into a mortgage agreement with the Defendant on the land of Kimcheon-si C, Kimcheon-si, 671 square meters (hereinafter “instant land”).

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