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(영문) 광주지방법원 2015.02.13 2013가단520571
사해행위취소
Text

1. As to KRW 17,314,343 and KRW 17,089,03 among the Plaintiff, Defendant A’s year from November 7, 2013 to December 30, 2013.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with the Defendant A to obtain a loan of KRW 20 million from the Defendant Mine Bank (hereinafter “Defendant A”) by December 11, 2008, on which the term of guarantee was changed to KRW 19 million (hereinafter “the term was changed to KRW 17 million”) and the term of guarantee until December 10, 2009 (hereinafter “the term was changed to December 6, 2013”).

B. The Plaintiff, upon receiving a loan from Defendant A as collateral, discontinued the foregoing D and delayed payment of interest on November 2, 2013, and accordingly, paid the interest on November 7, 2013 upon the request for the performance of the guaranteed obligation by the Gwangju Bank, by subrogation of KRW 17,089,03 in total the principal and interest of the loan to the Gwangju Bank on November 7, 2013.

C. On September 16, 2013, Defendant A entered into a mortgage agreement with Defendant B on the real estate indicated in the separate sheet (hereinafter the instant real estate) and completed the registration of establishment of a mortgage on the instant real estate with the mortgagee B, and following that agreement, Defendant A completed the registration of establishment of a mortgage on the instant real estate with the maximum debt amount of KRW 50 million and the Defendant B.

(hereinafter referred to as the “mortgage”). D.

Defendant B received dividends of KRW 24,106,357 as a mortgagee of the instant collective security on November 20, 2014 in the auction procedure of real estate C, which was conducted for the instant real estate. Around that time, the Plaintiff filed a provisional injunction against the instant dividend claim with the same court No. 2014Kadan50985 against Defendant B on November 14, 2014.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, 10 to 14, and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. The Plaintiff asserts that he/she made a credit guarantee agreement with the Defendant A as above, and that he/she subrogated for the Defendant A’s loan obligation, and sought payment against the Defendant A of the amount claimed as the amount of subrogated payment, substitute payment, and damages for delay.

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act and the main sentence of Article 150 (3) of the Civil Procedure Act);

3. Claim against the defendant B

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