logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.08.16 2017가단100713
사해행위취소
Text

1.(a)

Defendant A and C with respect to each real estate listed in the separate sheet 1, 2, 3, 8 through 13, 17, and 18, respectively.

Reasons

1. Basic facts

A. The Plaintiff’s subrogation under the Plaintiff’s credit guarantee agreement 1) Plaintiff D Co., Ltd. (hereinafter “D”) on May 19, 2006

B) On May 18, 2007, the term of guarantee was extended on May 6, 2007 (after this, several times) with respect to D’s obligation to repay the principal and interest of loan to D’s E bank.

) After concluding a credit guarantee agreement prescribed under the credit guarantee agreement, D was issued to E bank. Accordingly, D was loaned KRW 500,000,000 from E bank on May 4, 2010. According to the credit guarantee agreement, C jointly and severally guaranteed all obligations to D in accordance with the said credit guarantee agreement to the Plaintiff. (2) According to the above credit guarantee agreement, D and joint and several sureties paid to the Plaintiff expenses incurred in the preservation, transfer, and exercise of the rights acquired through the performance of the guaranteed obligation, as well as the amount of the guaranteed obligation to the Plaintiff, as well as damages incurred by the Plaintiff’s performance of the guaranteed obligation, as calculated at the rate determined by the Plaintiff.

3) Thereafter, D had a credit guarantee accident caused by delinquency in interest in E Bank. Under the aforementioned credit guarantee agreement, the Plaintiff concluded a mortgage agreement with Defendant A on March 31, 2016, which provides for a total of KRW 380,000,000, interest of KRW 5,526,186, and KRW 385,526,186, on behalf of the E Bank. B.C’s act of disposal of property (i) on behalf of Defendant A, as indicated in attached Table 1,2,3,3,8 through 13, 17, and 18, respectively, on March 17, 2015, with Defendant A and the maximum debt amount of KRW 200,000,000, and the mortgage agreement with Defendant C and Defendant A (hereinafter “mortgage 1 mortgage agreement”). The registration of the establishment of a mortgage was accepted on March 29, 2015.

2) As to each real estate listed in the separate sheet 1, 3, 18, 21, and 25, C, Defendant B Co. (hereinafter “Defendant B”) is entitled to:

Between departments, the maximum debt amount of August 21, 2015 is KRW 500,000,000, the debtor C and the defendant B.

arrow