logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.03.18 2018나63251
사해행위취소
Text

1. Of the judgment of the first instance, the part against the defendant, including a claim for exchange change in this court, is as follows.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff is the co-defendant A of the first instance trial (hereinafter “A”).

B) On August 8, 2018, the guarantee period of August 9, 2013, a credit guarantee agreement is concluded between the two (i) the guarantee limit of which is KRW 10,00,000,00 (hereinafter “first guarantee agreement”).

(B) The guarantee period of May 18, 2015 is guaranteed by the credit guarantee agreement of KRW 58,500,000 (hereinafter “second guarantee agreement”) and the guarantee limit of KRW 58,50,00.

(B) the first instance co-defendant B Co-Defendant corporation (hereinafter “B”).

A) A jointly and severally guaranteed the Plaintiff’s indemnity obligation under A’s 2 guarantee agreement. (2) A received a loan from D Co., Ltd. (hereinafter “D Bank”) as security and as security a guarantee under the 1 guarantee agreement, from E Co., Ltd. (hereinafter “E Bank”).

3) A around November 9, 2016, caused a credit guarantee accident that would lose the benefit due to delay in the principal and interest of the above loan. Accordingly, on December 23, 2016, the Plaintiff paid KRW 4,569,318 to D Bank, and KRW 59,224,873 to E Bank on April 20, 2017, respectively. The Plaintiff recovered KRW 81,190 out of the amount of subrogated payment to D Bank; paid KRW 823,224 out of the amount of subrogated payment; paid KRW 823,224 as the cost of preserving the claim for indemnity; and paid KRW 26 of the amount of delayed payment. The agreed damages determined by the Plaintiff were annually 12% per annum; and the representative director at the time of preparation of the contract for the supply of goods between A and the Defendant on June 21, 2012.

A has concluded the goods and supplied them, and A has jointly and severally guaranteed the price of the goods to the defendant in B.

In addition, from September 2015, the defendant has supplied goods to an individual enterprise A from September 2015.

2) On July 22, 2016, A created the right to collateral security (hereinafter referred to as “right to collateral security”) between the Defendant and the instant real estate, which is the maximum debt amount of 120,000,000 won.

arrow