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(영문) 대구지방법원 2018.10.30 2018가단112533
사해행위취소
Text

1. Each of the lawsuits against Defendant F and G, and the claims against Defendant C and E, shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. On January 21, 201, the Korea Technology Finance Corporation entered into a credit guarantee agreement with A, Inc. (hereinafter “J”) with respect to the amount to be borrowed from A, Inc. (hereinafter “J”) on a credit guarantee agreement on a date set as KRW 170,00,000, and January 20, 2012.

B. A obtained a loan of KRW 200,000 from J on January 28, 201, based on the above credit guarantee agreement, and on July 26, 2016, upon occurrence of a credit guarantee accident due to the principal and delayed payment, the Korea Technology Finance Corporation made a substitute payment of KRW 172,218,964 to J on October 10, 201 in accordance with the above credit guarantee agreement.

C. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), A: (a) the registration of creation of a mortgage on April 19, 2016, the maximum debt amount of Defendant C, which is KRW 50,000,000, due to the establishment of a mortgage agreement as of April 19, 2016; (b) the registration of creation of a mortgage on May 2, 2016, based on the establishment of a mortgage agreement as of May 2, 2016; (c) the registration of creation of a mortgage on May 18, 2016, based on the establishment of a mortgage agreement as of May 18, 2016, the maximum debt amount of Defendant F, KRW 50,000,000, and ④ the establishment of a mortgage agreement as of May 27, 2016, each of the maximum debt amounts of Defendant B, due to the establishment of a mortgage agreement as of May 26, 2016.

(hereinafter) Each of the above mortgages contract is called “each of the instant mortgages contract” and each of the aforementioned mortgages is referred to as “each of the instant mortgages”).

The Korea Technology Finance Corporation filed a lawsuit against the Defendants seeking the cancellation of each of the instant mortgage contract and restitution on the ground that each of the instant mortgage contract constitutes a fraudulent act detrimental to the general creditor A.

E. However, on January 11, 2017, A was declared bankrupt by Daegu District Court Decision 2016Hadan4192, and the Plaintiff was appointed as A’s trustee in bankruptcy.

Accordingly, it.

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