logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.09.16 2015가합40930
사해행위취소
Text

1. On October 20, 2014, between A and E.N. Co., Ltd., as to the vessels listed in the separate sheet.

Reasons

Basic Facts

On April 12, 2013, the Plaintiff provided a credit guarantee (hereinafter referred to as “credit guarantee in this case”) to the principal and interest of loan to be borne by A by receiving a loan from the Busan Bank on April 12, 2013 at the request of A Co., Ltd. (hereinafter referred to as “A”), setting the credit guarantee principal as KRW 1,00,000,000, and the term of guarantee as of April 11, 2014, and B, the representative director of A, as of the instant credit guarantee agreement, jointly and severally guaranteed the liability for indemnity owed by A to the Plaintiff.

According to the credit guarantee agreement of this case, where a credit guarantee accident occurred due to the failure of A to perform the principal obligation, the Plaintiff shall perform the guaranteed obligation. A shall pay the Plaintiff the amount of the Plaintiff’s performance of the guaranteed obligation, damages for delay calculated by the rate set by the Plaintiff from the date of performance of the obligation to the date of full payment, and legal procedure expenses incurred to secure claims for reimbursement. In the event that a ground, such as the Plaintiff’s failure to perform the obligation for a loan, or the Plaintiff’s receipt of notice of the occurrence of a cause for

A borrowed KRW 900,00,000 from the Busan Bank on April 12, 2013 in accordance with the credit guarantee of this case, and thereafter, the Plaintiff changed the expiration date of the credit guarantee of this case to April 10, 2015.

A around December 30, 2014, around December 30, 2014, lost the benefit of time due to delay in the performance of the obligation to pay the loan to the Busan Bank, and the Busan Bank notified the Plaintiff of the occurrence of the failure to pay the credit guarantee as above.

A around October 20, 2014, around 20, to SNK Line Co., Ltd. (hereinafter referred to as “SNK”) a registration of Busan District Court and receipt No. 1869 on the ground of a pre-sale agreement (hereinafter referred to as “instant pre-sale agreement”) with respect to the vessels listed in the attached list (hereinafter referred to as “instant vessel”), and a registration of transfer of ownership is completed on January 9, 2015.

arrow