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(영문) 대전지방법원 2018.01.18 2016가단223408
사해행위취소
Text

1. As to each real estate listed in the separate sheet, a mortgage contract concluded on December 10, 2015 between the Defendant and B is concluded.

Reasons

Basic Facts

1) The Plaintiff’s joint and several liability claim against the Defendant 1) On May 3, 2013, the Plaintiff Company C (hereinafter “C”).

(2) the credit guarantee agreement between the principal and the guaranteed principal (hereinafter referred to as the “instant credit guarantee agreement”)

(2) Under the credit guarantee agreement of this case, in the event that the Plaintiff subrogated for the obligation of loans of C, C shall pay the amount of subrogated payment and the amount of damages for delay of the agreement to the Plaintiff.

B on May 3, 2013, May 3, 2013, C jointly and severally guaranteed the indemnity liability based on the instant credit guarantee agreement with the Plaintiff.

3) On May 3, 2013, the Plaintiff issued a credit guarantee certificate under the instant credit guarantee agreement to the D Bank. On May 3, 2013, C loaned KRW 150 million from D Bank under the Plaintiff’s credit guarantee agreement. On May 3, 2013, C was loaned KRW 150 million from D Bank under the Plaintiff’s credit guarantee agreement. (4) On April 30, 2016, C was in arrears with the above loan obligation and lost the benefit of the due date (hereinafter “the instant credit guarantee accident”), and D Bank notified the Plaintiff on May 12, 2016.

5) Accordingly, on August 5, 2016, the Plaintiff subrogated for KRW 102,736,351 (i.e., principal interest of KRW 100,800,000) on behalf of the D Bank (i.e., principal interest of KRW 1,936,351). B’s disposal disposition against the Defendant (i) on August 21, 2006 as to each real estate listed in the separate sheet (hereinafter “instant real estate”) on August 14, 2006.

2) On December 10, 2015, B concluded a right to collateral security (hereinafter “instant right to collateral security”) with the content of setting up a maximum debt amount of KRW 400 million with respect to the instant real estate, and a debtor B, with respect to the instant real estate (hereinafter “instant right to collateral security”).

(3) On December 10, 2015, the Daejeon District Court concluded a sales contract with the Defendant to sell the instant real estate on August 12, 2016 (hereinafter “instant sales contract”). In addition, on August 12, 2016, the Daejeon District Court: (a) concluded a sales contract with the Defendant to sell the instant real estate (hereinafter “instant sales contract”).

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