logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.11.13 2015가합2118
구상금 및 사해행위취소 등 청구의 소
Text

1. The Plaintiff:

A. The defendant limited company A and B are jointly and severally 494,497,239 won and 171,067,884 won among them.

Reasons

1. Basic facts

A. On December 27, 2012, the Plaintiff and the Defendant Limited Company A (hereinafter “Defendant Company”) entered into a credit guarantee agreement between the Plaintiff and the Defendant Company (hereinafter “Defendant Company”) and a credit guarantee agreement between the Defendant Company and the Defendant Company for the guaranteed amount of KRW 170,000,000 and December 27, 2013 (hereinafter “instant credit guarantee agreement”).

(B) Defendant B and C concluded the instant credit guarantee agreement, and Defendant B and C jointly and severally guaranteed the Defendant Company’s liability for reimbursement under the instant credit guarantee agreement (after which the period of guarantee was extended to December 26, 2014).

(2) On December 23, 2013, the Plaintiff and the Defendant Company concluded a credit guarantee agreement between the Defendant Company and the Defendant Company as collateral with a credit guarantee agreement of KRW 200,000,000,000, which was issued under the instant credit guarantee agreement. (2) On December 23, 2013, the Defendant Company and the Defendant Company concluded a credit guarantee agreement between the Defendant Company and the Defendant Company, covering the guaranteed amount of KRW 320,000,00 and December 23, 2014 (hereinafter “instant credit guarantee agreement”). The Defendant Company jointly and severally guaranteed the Defendant Company’s indemnity liability under the instant credit guarantee agreement.

The Defendant Company received a loan of KRW 320,000,000 from the Bank as security the credit guarantee certificate issued pursuant to the instant credit guarantee contract.

3) Under each of the credit guarantee agreements in this case, where the Plaintiff subrogated for the Defendant Company’s obligation for loans, the Defendant Company agreed to pay to the Plaintiff the amount of subrogated payment, damages for delay calculated by the interest rate determined by the Plaintiff (12% per annum from December 1, 2012 to December 1, 2012) from the date of subrogated payment to the date of repayment, and the expenses incurred by the Plaintiff to compensate for the Plaintiff’s claims. (B) The occurrence of a guarantee accident and the Plaintiff’s subrogated payment 1) thereafter, the Defendant Company made an agreement

arrow