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(영문) 인천지방법원 2018.10.11 2018가단212671
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established with the purpose of guaranteeing the debt of an enterprise which lacks collateral capacity under the Credit Guarantee Fund Act to support its own financing source.

B. On November 12, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) between B and B on a credit guarantee basis, whereby KRW 30 million is the credit guarantee principal, out of the money that B wishes to obtain a loan from a Han Bank (hereinafter “I Bank”), and entered into a credit guarantee agreement between November 12, 2013 and November 11, 2014 (hereinafter “the instant credit guarantee agreement”), and issued a written credit guarantee agreement.

(However, the term of guarantee was changed from November 1, 2017 to October 2017).

B on November 13, 2013, one bank borrowed KRW 30 million in accordance with the credit guarantee agreement of this case.

Upon completion of the marriage report with B on December 4, 200, the Defendant reported the divorce on August 3, 2004. On October 30, 2012, the Defendant reported the divorce again with B on September 22, 2016.

The defendant has two married children (one-five years of age, six years of age, each), together with B.

E. On October 31, 2014, Defendant and B received the registration of transfer of ownership on the ground of sale on August 28, 2014 with respect to each one-half portion of the instant real estate from D (Defendant, Dong name, E) (Defendant, Dong name).

On the same day, the Defendant completed the registration of the establishment of a neighboring mortgage, which is the debtor, the defendant, and the mortgagee of the right to collateral security, with respect to the instant real estate in the future of our bank (hereinafter referred to as the "Korea bank"), and was loaned KRW 140 million from our bank.

F. On September 30, 2016, B completed the registration of ownership transfer based on the division of property on September 30, 2016 (hereinafter “instant division of property”) with respect to one-half share of one-half share of the instant real estate to the Defendant, and the Defendant paid KRW 40 million in total to B from August 16, 2016 to September 29, 2016.

(g) B.D.

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