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(영문) 서울북부지방법원 2021.01.12 2020가단134246
사해행위취소
Text

1. It was concluded on May 1, 2019 with respect to each share of 2/11 of the respective real estate listed in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. On April 30, 2003, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) on the repayment of principal and interest of corporate purchase loan to D Co., Ltd. (hereinafter “D bank”). On January 9, 2007, the Plaintiff entered into a credit guarantee agreement on the repayment of principal and interest of C’s loan to D bank. At the time, B, as the representative director of C, jointly and severally guaranteed the Plaintiff’s liability for indemnity against C under the respective credit guarantee agreement.

B. In this regard, C had an accident of delinquency in paying the loan principal to D banks. Upon receiving a claim from D banks for the performance of the guaranteed obligation, the Plaintiff subrogated to pay the total amount of KRW 52,202,480 on or around March 7, 2008.

(c)

Since then, on June 2, 2008, the Plaintiff filed a payment order (Seoul Western District Court 2008j. 6406) against C and B, and was finalized around that time upon receiving the Plaintiff’s request from the court, and the payment order for the extension of the statute of limitations thereafter (Seoul Western District Court 2018j. 8453), which was applied for the extension of the statute of limitations thereafter, was also finalized around that time upon receiving the Plaintiff’s request on February 23, 2018.

In doing so, C pays part of the amount of the claim for reimbursement against the Plaintiff as of April 28, 2020, the amount remaining as of April 28, 2020 is KRW 770,66,095 (i.e., KRW 244,158,718, 1,027,328, 525,480,049).

(d)

On the other hand, on May 1, 2019, B completed the registration of the establishment of the right to collateral security in the name of the Defendant on May 1, 2019, on the grounds of the agreement to establish the right to collateral security (hereinafter “instant agreement”) with respect to shares of 2/11 of each of the respective real estate listed in the separate sheet, which is one of its own ownership, on May 1, 2019.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 3 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

(a) the act of deception;

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