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(영문) 창원지방법원밀양지원 2019.09.04 2019가단11793
사해행위취소
Text

1. As regards the B orchard B 4,797 square meters in Gyeongnam-gun:

A. It was concluded on December 7, 2018 between C and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with C as between June 9, 2017 and June 8, 2018, setting the credit guarantee principal of the credit guarantee principal as KRW 90 million and the credit guarantee period as from June 9, 2017.

The main contents of a written agreement prepared at the time are as follows:

Article 5 (Obligation to Fulfill Principal Obligations) He/she shall perform all the principal obligation guaranteed by him/her by the due date and shall not perform the guaranteed obligation.

Article 6 (Pre-Indemnification) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the new notice, even if there is no notice or peremptory notice from the new notice:

(hereinafter omitted)

4. Where any cause for registration of information on subrogation payment, subrogated payment payment, information on disturbing financial order (including information related thereto), or public recorded information under the Credit Information Management Rules of D has occurred;

B. C obtained a loan of KRW 100 million from E Bank on June 9, 2017 based on a credit guarantee letter issued by the Plaintiff.

C. On December 7, 2018, C entered into a mortgage agreement (hereinafter “instant agreement”) with the Defendant on the land stipulated in the Disposition No. 1 (hereinafter “instant land”) and completed the registration of the establishment of the mortgage set forth in the Disposition No. 1-B (hereinafter “mortgage”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. The assertion and judgment

A. Although it is required that a claim protected by the obligee’s right of revocation was, in principle, arising prior to the commission of an act that can be viewed as a fraudulent act, there is high probability that at the time of a fraudulent act, there has already been a legal relationship that serves as the basis for the establishment of the claim, and that the claim should be established in the near future.

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