(영문) 대전지방법원천안지원 2019.04.24 2018가단107844

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(영문) 대전지방법원천안지원 2019.04.24 2018가단107844

사해행위취소

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1. The contract to establish a right to collateral security concluded on December 9, 2016 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On January 9, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the main content that the Plaintiff provides credit guarantee by setting loans to the Industrial Bank of Korea to the Bank of Korea as the guaranteed amount of KRW 127,000,000, and the guarantee term of January 9, 2020.

B. On December 9, 2016, B and the Defendant entered into a mortgage agreement between B and the Defendant as to the real estate indicated in the separate sheet (hereinafter “instant real estate”) as the only property set forth in B (hereinafter “the instant mortgage agreement”) with the maximum debt amount of KRW 90,00,000,000, and based on the instant mortgage agreement, the Defendant completed the registration of establishment of mortgage regarding the instant real estate as of the Daejeon District Court’s Masan Branch of the Daejeon District Court, No. 76309, Dec. 9, 2016, based on the instant mortgage agreement.

C. A credit guarantee accident occurred and the Plaintiff’s subrogation 1) B did not pay the principal of the loan to the Industrial Bank of Korea on December 27, 2016. On February 1, 2017, the Industrial Bank of Korea notified the Plaintiff of the occurrence of the credit guarantee accident. 2) The Plaintiff subrogated the Industrial Bank of Korea for KRW 102,090,049 on behalf of the Plaintiff on January 9, 2018 under the instant credit guarantee agreement.

The Plaintiff, upon acquiring the Plaintiff’s title of execution, filed an order to pay B with the Incheon District Court No. 2018 tea and 9755, on April 13, 2018, under the premise that B was entitled to claim KRW 47,863,326 with the amount of subrogated money collected from the amount of money subrogated under the instant credit guarantee agreement, including advances, additional guarantee fees, and confirmation damages, and received a payment order with the same content as the application from the above court.

The above payment order was finalized on June 12, 2018.

【Ground of recognition】 Each entry in the evidence Nos. 1 through 13, and the purport of the whole pleadings

2. Determination:

유사 판례

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