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(영문) 창원지방법원 2019.04.26 2018가단112287
사해행위취소
Text

1. As to the Plaintiff’s KRW 20,655,670 and KRW 20,356,646 among them, Defendant A shall be from June 20, 2018 to July 30, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a public-service corporation established for the purpose of facilitating the financing of the Plaintiff by guaranteeing the obligations of small and medium enterprises, micro enterprises, etc. in an area where collateral is insufficient under the Regional Credit Guarantee Foundation Act, and contributing to the revitalization of the regional economy. Defendant A is a person who requested the Plaintiff to provide credit guarantee for the repayment obligation of the loan when borrowing KRW 20,000,000 from C Bank on September 25, 2012.

B. During the period from September 25, 2012 to September 25, 2013, the Plaintiff issued a credit guarantee certificate to obtain a loan from Defendant A for the credit guarantee principal amounting to KRW 20,00,000,00 to be borne by the said Defendant, the Enforcement Decree of the Regional Credit Guarantee Foundation Act, and the obligations under the agreement with the Plaintiff and the said creditor bank, and thereafter extended the guarantee term until September 25, 2018.

C. Defendant A submitted the credit guarantee statement received from the Plaintiff to C Bank, and received a loan of KRW 20,000,000 as the subject of the small and medium enterprise fostering loan.

Defendant A caused a credit guarantee accident under this natural body on February 27, 2018. On June 20, 2018, the Plaintiff, a creditor bank, repaid 20,655,670 won with the principal and interest of loans based on the credit guarantee certificate, and disbursed 358,516 won at the expense of enforcement preservation pursuant to Article 10(1) and (2) of the Credit Guarantee Agreement.

E. On November 14, 2017, Defendant B completed the registration of creation of a neighboring mortgage of KRW 180,000 with respect to the real estate listed in the separate sheet, which is the only property of Defendant A (hereinafter “instant real estate”), as the receipt of the Changwon District Court No. 47747, Nov. 14, 2017, regarding the establishment of a neighboring mortgage of KRW 180,00,000 (hereinafter “registration of creation of a neighboring mortgage”).

[Ground of recognition] B between the plaintiff and the defendant: The facts of no dispute between the plaintiff of confession and the defendant under Article 150(3) of the Civil Procedure Act, each of the evidence No. 1 through No. 7 (including those with a serial number), and this court's ordinary south-do governor.

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