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(영문) 대전지방법원천안지원 2020.08.18 2020가단103562
사해행위취소
Text

1. As to KRW 10,377,229 and KRW 9,906,416 among the Plaintiff, Defendant A’s year from September 17, 2019 to March 12, 2020.

Reasons

1. Facts of recognition;

A. On February 21, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A with respect to KRW 10,000,000, and issued a written credit guarantee agreement. The Defendant A borrowed KRW 10,000,000 from the Industrial Bank of Korea pursuant to the said credit guarantee agreement.

B. A credit guarantee accident occurred on April 23, 2019 due to Defendant A’s failure to pay interest on loans to the Industrial Bank of Korea. On September 17, 2019, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 10,119,176 (= Principal KRW 10,000,000, KRW 119,176).

On September 17, 2019, the Plaintiff recovered KRW 212,760 from Defendant A, and the rate of damages determined by the Plaintiff is 9% per annum from September 17, 2019, which is 52 won in final damages for the aforementioned recovered amount, and the substitute payment made by the Plaintiff in order to preserve the claim for reimbursement is 470,761 won.

C. Around March 13, 2019, Defendant A had a debt of KRW 9,49,00 for a corporate bank, KRW 9,618,00 for C Co., Ltd., KRW 15,121,00 for D Bank, KRW 11,143,00 for E Bank, KRW 25,00 for the Korea Student Aid Foundation, KRW 43,500 for Defendant B, etc., and KRW 88,81,000 for the aggregate amount of KRW 88,81,000 for the amount of KRW 445 square meters for the purpose of active property (hereinafter “instant real estate”), and KRW 1/3 shares for G 2050 square meters (as of September 19, 2019, KRW 55,350,000 for the purpose of this case) and KRW 1/3 shares for G 2050 square meters (as of September 6, 2019).

On March 13, 2019, Defendant B entered into a mortgage agreement with Defendant A with the maximum debt amount of KRW 56,550,000 regarding the instant real estate, Defendant A, Defendant A, and Defendant B, a mortgagee, with the right to collateral security (hereinafter “instant mortgage agreement”), and completed the registration of the establishment of a neighboring mortgage as of March 14, 2019, pursuant to the Presidential Decree No. 5022, which was accepted by the Daejeon District Court’s Cheongbu registry Office.

(hereinafter referred to as “the establishment registration of a neighboring district of this case”). [The grounds for recognition] did not dispute, entry of Gap’s evidence 1 through 7, 9, 10, Eul’s evidence 1 through 3, and the inquiry results on North Korea’s head of the Seoan-si Office in the Yanan District of the Court, the purport of the entire pleadings.

2. Defendant A.

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