logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.10.16 2013가합16264
사해행위취소
Text

1. The following contracts concluded on July 20, 2010 between E and netF shall be cancelled:

Attached Form

List 3.

Reasons

1. Basic facts

A. On July 27, 2004 and June 5, 2007, Hanjin Industrial Co., Ltd. submitted to the above bank a credit guarantee agreement entered into with the Plaintiff on the loan received from each Industrial Bank of Korea on July 27, 2004 and June 5, 2007, and E jointly and severally guaranteed the above company's obligation to be borne by the Plaintiff under the above credit guarantee agreement.

However, on August 12, 2009, the above company caused a credit guarantee accident of the party branch. Accordingly, on September 16, 2009, the plaintiff subrogated the principal and interest of the above company to the above bank.

(2) Accordingly, on November 3, 2011, the Plaintiff filed a lawsuit against the above company, E, etc. to pay jointly and severally the Plaintiff KRW 546,619,389 and delayed damages (this Court Decision 2010Da503). The above judgment became final and conclusive on December 16, 201.

In addition, the amount of debts remaining after partial repayment of the above debts is 394,114,684 won and damages for delay of partial payment.

B. Prior to the instant right to collateral security (1) E loaned money to J, G, and H on August 28, 2006 (the Defendant asserts that E’s claim is a loan, and the document attached to the application for voluntary auction by Defendant A appears to have been bound with the loan certificate, it appears that the instant claim is a loan in the nature of the instant claim) as the secured claim and completed the instant right to collateral security with the debtor J, G, and H as the receipt on August 29, 2006 and the maximum debt amount was KRW 170 million. On July 20, 2010, the Defendant completed the instant right to collateral security with the transfer of the instant claim to F and notified the debtor thereof on July 20, 201, and completed the additional registration with the Daegu District Court Branch Branch on July 20, 2010 as the receipt date of the contract transfer for the same reason.

(2) However, around July 15, 201, F transferred the instant claim to Defendant A and notified it to the obligor.

arrow