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(영문) 서울중앙지방법원 2019.02.14 2018가단5176885
사해행위취소
Text

1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 15,298,299 and KRW 15,213,520 among them.

Reasons

1. Facts of recognition;

A. The conclusion of a credit guarantee agreement between the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”), joint and several sureties, occurrence of a credit guarantee accident, and the occurrence and amount of claims for indemnity arising from the Plaintiff’s subrogation are as stated in the attached Form “the cause of claim”.

B. On March 15, 2018, Defendant B concluded a mortgage agreement with Defendant C on March 15, 2018 with regard to the real estate indicated in the separate sheet, which is his own ownership, and on the same day, Defendant C had completed the registration of creation of a mortgage with a maximum debt amount of KRW 100,000,

(2) At the time of establishing the instant mortgage contract, Defendant B did not possess any other active property than the instant real estate. The market price at the time of the instant real estate was KRW 159,00,000.

Meanwhile, as of December 14, 2017, prior to the creation of the instant mortgage, the registration of provisional seizure of KRW 65,000,000 for D’s claim amount as of December 14, 2017, and the registration of provisional seizure of KRW 35,00,000 for D’s claim amount as of January 17, 2018 was completed.

In addition, from April 23, 2018 to May 31, 2018, the claims amounting to 27,604,647, 7,981,876, 7,362,911, 366, 36,093, 809, 5,552,898, 40,000,000,000,000,000,000,11,256,000,000,000, 11,256,000,000, and the issue point of the provisional attachment creditor or credit guarantee certificate of the Plaintiff at the home point of Ansan was the starting point. The provisional attachment registration of 20,103,116 won was completed, respectively.

【Defendant Company, Defendant B: Defendant C: Each entry in the evidence No. 1 through No. 8, and the result of this court’s order to submit tax information to the members of Ansan-si’s Gu office, and the purport of the whole pleadings is that E is not owned by Defendant B.

2. The part of the claim against the defendant company and the defendant B

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