logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.24 2014가단5335877
구상금 및 사해행위취소 등
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 46,29,680 and KRW 45,727,609 among the Plaintiff and the Plaintiff’s KRW 45,727,609, October 8, 2014.

Reasons

1. Facts of recognition;

A. On April 6, 2006, the Plaintiff entered into a credit guarantee agreement and (1) the Plaintiff’s subrogation agreement with Defendant A Co., Ltd. (former trade name: E; hereinafter “Defendant Co., Ltd.”) on a condition that the guaranteed amount would be KRW 45 million, and the term of guarantee would be set on April 6, 2007, and the credit guarantee agreement (hereinafter “instant credit guarantee agreement”) and the Defendant B and C guaranteed the Plaintiff’s obligation to the Plaintiff on the same day under the credit guarantee agreement.

On the other hand, the term of guarantee was finally changed on March 29, 2015.

(2) According to the instant credit guarantee agreement, in the event that the Plaintiff fulfills the guaranteed obligation, the Defendant Company shall pay to the Plaintiff the amount of the performance and the damages for delay in accordance with the interest rate determined by the Plaintiff, the compensation for the execution of the claim, the exercise of the

(3) Under the credit guarantee agreement of this case on April 6, 2006, Defendant Company borrowed 50 million won from the Industrial Bank of Korea.

(4) On June 30, 2014, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident due to the natural body of the Defendant company, and the Plaintiff, pursuant to the instant credit guarantee agreement, subrogated to the Industrial Bank of Korea for the principal and interest of KRW 46,026,209 (principal interest of KRW 45,026,209) on October 8, 2014, and collected KRW 298,600 from the Defendant Company on October 14, 2014.

(5) The Plaintiff spent the total amount of KRW 571,384 as the cost of securing the claim.

On the other hand, the final delay damages for 298,60 won are 687 won, and the rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to December 12.

B. On March 6, 2014, Defendant B’s disposal act entered into a sales contract with Defendant D to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at KRW 520 million (hereinafter “instant sales contract”). On March 19, 2014, Defendant B’s disposal act entered into the said sales contract with Defendant D as the receipt of 4416, which received by the Sungyang Branch Branch Branch of the District Court on March 19, 2014.

arrow