logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.09.23 2015가단509264
사해행위취소
Text

1. As to the Plaintiff, Defendant A, B, and C’s joint and several liability for KRW 73,647,530 and KRW 73,368,085, respectively, on January 19, 2015.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter referred to as Defendant Co., Ltd.)

) As to the principal and interest of loans to be borne by the Gwangju Bank on May 18, 2006, the credit guarantee principal amount of KRW 85,00,000 and the term of guarantee set forth on May 17, 2007 (hereinafter “the credit guarantee agreement of this case”).

(B) The credit guarantee principal was changed to KRW 80,000,000, and the guarantee term was changed to May 8, 2015.

3) Defendant B (the representative director of Defendant Company)

(2) In accordance with the above credit guarantee agreement, C jointly and severally guaranteed the liability for indemnity to be borne by the Defendant Company to the Plaintiff. Meanwhile, under the above credit guarantee agreement, the Defendant Company agreed to reimburse all the expenses incurred by the Plaintiff for the execution of the claim for indemnity when the Plaintiff fulfilled the guaranteed obligation in accordance with the above credit guarantee agreement. 2) Defendant Company submitted a credit guarantee agreement issued by the instant credit guarantee agreement to the Gwangju Bank on May 18, 2006, and borrowed KRW 85,000,000 from the Gwangju Bank (hereinafter “the instant loan”).

B. On October 7, 2014, the Defendant Company lost the benefit of the instant loan due to the occurrence of a credit guarantee accident and the delayed payment of interest, and Gwangju Bank demanded the Plaintiff to discharge the guaranteed obligation under the instant credit guarantee agreement. (ii) Accordingly, on January 19, 2015, the Plaintiff paid KRW 73,368,085 to the Gwangju Bank.

In addition, the Plaintiff paid KRW 279,445 to the Defendant Company for the expenses incurred in preserving claims.

3) Meanwhile, according to the instant credit guarantee agreement, etc., where the Plaintiff fulfilled the guaranteed obligation under the instant credit guarantee agreement, the overdue interest rate applicable to the Defendant Company is 12% per annum. (c) Defendant B’s disposal act is the real estate listed in the attached Table, which was the only property of Defendant B as of September 10, 2014 between Defendant D, the mother, and Defendant D at the time.

arrow