logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2015.09.24 2015가합10563
구상금 및 사해행위취소등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 483,187,858 and KRW 483,183,961 among the Plaintiff and the Plaintiff’s KRW 483,183,961 from March 4, 2015 to April 4, 2015.

Reasons

1. Claim for reimbursement against the defendant A and B;

A. Facts of recognition 1) The Plaintiff is an agricultural partnership H (hereinafter “foreign company”).

(2) On February 12, 2015, Defendant A and B concluded a credit guarantee agreement on the following loans, and Defendant A and B jointly and severally guaranteed the obligations of the non-party company under a credit guarantee agreement. (2) As the non-party company lost the benefit of time for the loans, the Plaintiff subrogated for the loans as listed below, and partly recovered the loans.

(Amount per unit of amount: 487,135,524 won - 3,951,563 won - 484,00,524 on January 19, 2004 - 487,135,524 3,951,563,563 3,897 3,951,563 x 12% per annum x 12% per annum (agreement rate); 365 days from March 4, 2015 to March 6, 2015; 483,183,961 / [Grounds for recognition] the items in subparagraphs 1 through 7, and the purport of the entire pleadings.

B. Accordingly, Defendant A and B are jointly and severally liable to pay to the Plaintiff KRW 483,187,858 (the balance of loans KRW 483,138,961 plus delay damages of KRW 3,897) and the balance of loans to the Plaintiff KRW 483,138,961 each year from March 4, 2015 until April 6, 2015, which the warden served on the Defendants.

2. Claim for revocation of fraudulent act and restitution against the remaining Defendants

A. Facts of recognition 1) Defendant A’s real estate listed in attached Form 1 (hereinafter “first real estate”)

As to the sales contract with Defendant C on October 21, 2014 (hereinafter “first contract”).

(2) On October 22, 2014, Defendant C concluded a sale contract with Defendant E (hereinafter “Second Contract”) on October 27, 2014, and completed the registration of ownership transfer on November 19, 2014. Defendant C established the right to collateral security of KRW 300 million with respect to the first real estate (hereinafter “second real estate”) with Defendant D on November 19, 2014, and completed the registration of ownership transfer on the same day.

3. Defendant B shall set forth in attached Form 3.

arrow