logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.23 2014가합502860
사해행위취소
Text

1. The defendant A and the defendant B jointly and severally against the plaintiff 506,201,482 won and 493,987,295 won among them.

Reasons

1. Basic facts

A. 1) The Plaintiff Company A (hereinafter “Defendant Company”)

Between October 7, 201 and the guarantee period of KRW 604,800,000, and the guarantee period from October 7, 2011 to October 5, 2012 (hereinafter referred to as the “guarantee period”) were extended on October 4, 2013.

(i)the credit guarantee agreement set forth in the credit guarantee agreement (hereinafter referred to as the “instant credit guarantee agreement”).

(2) Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with the instant credit guarantee agreement. (2) Defendant Company was granted a loan of KRW 756,00,000 from a national bank as security, issued by the Plaintiff pursuant to the said credit guarantee agreement.

3) On September 24, 2013, the credit guarantee accident occurred pursuant to the party allotment. On October 15, 2012, the Plaintiff subrogated for KRW 603,243,972 to the National Bank in accordance with the credit guarantee agreement of this case, and part of the amount recovered was KRW 493,987,295. As of September 16, 2015, the amount of unpaid amount was KRW 12,214,187. (b) Defendant B owned real estate listed in the attached Table 1 (hereinafter “first real estate”). However, on January 31, 2012, Defendant B concluded a lease agreement with Nonparty E from September 13, 2012 to January 13, 2013.

2) On August 9, 2013, Defendant B, who was demanded by E to terminate the lease term for the instant real estate No. 1, entered into a lease agreement with Nonparty F, which provides that the said real estate shall be leased from September 16, 2013 to September 15, 2014, and received part of the down payment and intermediate payment from F.3) After Defendant B entered into a contract to sell the instant real estate No. 1 to Defendant C, a shareholder of the Defendant Company, at KRW 16 million. The Defendant C above.

arrow