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(영문) 수원지방법원 2016.01.14 2015가단100460
사해행위취소
Text

1. The plaintiff's lawsuit against the limited company specializing in the securitization of 1406 against the defendant Efaia is dismissed.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. The agreement between the Plaintiff and the Kugjin C Co., Ltd. (hereinafter “originaljin”) entered into a credit guarantee agreement with the Plaintiff as indicated below, and as to each of the guarantees, B and C jointly and severally guaranteed the obligation of indemnity against the Plaintiff of Kugjin C (hereinafter “the instant credit guarantee agreement”).

The amount guaranteed as of February 26, 2009, February 21, 2012, 201, the first guarantee term of which is the No. 10,000,000 on February 27, 2008, February 26, 2014; the same shall apply on February 25, 2009; the same shall apply on February 24, 2014; the same shall apply on March 23, 2009; the same shall apply on March 24, 20, 200,000 on March 22, 2010; and the same shall apply on March 21, 2014; and the same shall apply on March 21, 2014; and the same shall apply on March 24, 2011; and the same shall apply on February 31, 2014; and

The Plaintiff’s claim for indemnity against the original diagnosis was granted a loan from the Defendant bank as security. On January 17, 2014, the Plaintiff applied for rehabilitation procedures and the credit guarantee accident occurred, and the Plaintiff subrogated for KRW 1,515,75,692 to the Defendant bank on March 31, 2014 in accordance with the instant credit guarantee contract.

C. On August 6, 2013, B concluded the instant mortgage contract with the Defendant bank regarding the instant real estate on August 6, 2013, and concluded the instant mortgage contract with the Defendant bank, and completed the registration of establishment of a mortgage over the instant real estate, which is the debtor’s initial test.

On May 29, 2014, the Defendant bank entered into an agreement on the acquisition of assets that transfer the claim for the loan to the Defendant Company pursuant to the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”) with respect to the transfer of the claim for the loan to the Defendant Company. On June 26, 2014, the Defendant bank entered into a contract between the Defendant Company and the Defendant Company, which transferred the status of the transferee of the above asset acquisition agreement, and transferred the above loan claim to the Defendant Company. At that time, the said transfer was registered with the Financial Services Commission.

[Reasons for Recognition] Unsatisfy, Gap 1 to 6 evidence, Eul 1, 2, and .

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