logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원정읍지원 2015.04.08 2014가합2285
구상금 및 사해행위취소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 226,060,710 and KRW 224,871,664 among them.

Reasons

1. Facts of recognition;

A. Upon entering into a credit guarantee contract, Defendant A Co., Ltd. (hereinafter “Defendant A”) received payment guarantee from the Industrial Bank of Korea for the issuance of an import letter of credit for a fixed period. On October 31, 2013, the Plaintiff entered into a credit guarantee contract with Defendant A, setting the credit guarantee principal USD 255,00, and the credit guarantee period from October 31, 2013 to October 30, 2014 (hereinafter “instant credit guarantee contract”) with Defendant A’s Industrial Bank of Korea as the credit guarantee amounting to 85% of the debt owed by Defendant A to the Plaintiff under the credit guarantee contract in this case.

B. On April 23, 2014, Defendant A delayed repayment of the obligations arising from the payment guarantee against the Industrial Bank of Korea. On July 28, 2014, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 224,871,664 ( principal KRW 221,430,095 at KRW 3,441,569) pursuant to the credit guarantee agreement of this case. (2) The Plaintiff paid expenses for the preservation of the claims due to subrogation for the purpose of preserving the claims for reimbursement, and the remainder of the amount excluding the recovered money is KRW 1,189,046.

In addition, the rate of damages for delay determined by the Credit Guarantee Fund for the claims for indemnity arising from the credit guarantee contract is 12% per annum after December 1, 2012.

C. On November 1, 2013, the Defendant Han-il Industry, Inc., Ltd. (hereinafter “Defendant Han-seok Industry”), as to each real estate listed in the separate sheet owned by Defendant A (hereinafter “each real estate of this case”) on the ground of a mortgage agreement concluded with Defendant A on November 1, 2013 (hereinafter “mortgage agreement”) as to each of the real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”), the Jeonju District Court rendered the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”).

arrow