logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.05.26 2017가합70222
사해행위취소
Text

1. As to each real estate listed in the Schedule of Attached 1:

A. On October 30, 2015, between the Defendant and A Company.

Reasons

1. Facts of recognition;

A. On November 11, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “existing credit guarantee agreement”) with a guarantee number B between November 11, 2014 and November 2, 2015 to guarantee a loan to A’s foreign exchange bank, and issued a credit guarantee agreement with a guarantee number B.

C, the representative director of A, was jointly and severally and severally guaranteed all obligations such as indemnity liability to be borne by A due to the credit guarantee agreement.

B. In other words, on November 13, 2015, the Plaintiff concluded a credit guarantee agreement with a guarantee number D to guarantee a loan obligation to a Korean bank from November 13, 2015 to November 11, 2016, and issued a guarantee number D’s credit guarantee agreement (hereinafter “the instant credit guarantee agreement”).

C has guaranteed the same as the existing credit guarantee agreement.

The term "special credit guarantee agreement" in the above letter of credit guarantee bears the responsibility for the guarantee immediately after the execution of the loan as a guarantee to recover the letter of guarantee issued on November 11, 2014 (for guarantee guarantee: B, guaranteed number:297,50,000,000, creditor: Foreign Exchange Bank; Foreign Exchange Bank's branch offices; and Technology Start-up Loan) and the Credit Guarantee Fund's guaranteed obligation is fully extinguished as the loan is repaid:

include the content.

C. Meanwhile, on January 21, 2016, the registration of credit management information for A was made, and A was practically closed on February 25, 2016, and C was unable to repay loans to Korea banks. As such, our bank requested the Plaintiff to discharge the guaranteed obligation under the said credit guarantee agreement, and accordingly, the Plaintiff repaid KRW 300,029,511 to the said bank on March 14, 2016.

A due to the above subrogated performance.

arrow