logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.11.28 2018가단111185
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against B Co., Ltd. 1) The Plaintiff on May 13, 2014 (hereinafter “Nonindicted Company”).

B) As regards the loan, the non-party company entered into a credit guarantee agreement with the Industrial Bank of Korea to guarantee the repayment obligation of the loan, and issued a written credit guarantee (hereinafter “instant credit guarantee agreement”).

) The key contents of the credit guarantee of this case are as follows: The amount guaranteed by the non-party company: the guarantee period of KRW 297,500,000: May 12, 2015 (the period was extended by May 11, 2018 through renewal, etc.).

(C) Loan amount: 350,000,000 won (guarantee rate of 85%) was extended from the Industrial Bank of Korea on May 13, 2014 based on the credit guarantee in this case.

3) On September 8, 2017, the Plaintiff registered Nonparty Company as a credit management company, and notified it to the Industrial Bank of Korea, which is a loan bank, and sent notice demanding thorough, new, and prohibition of increased loans. (4) On June 12, 2018, the Plaintiff paid KRW 299,563,345 in total, including the subrogated principal amount of KRW 297,50,000, subrogated interest, and subrogated interest amount of KRW 2,063,345, under the Industrial Bank of Korea’s obligation to discharge guaranteed obligations.

B. Defendant’s creation 1 of the right to collateral security (hereinafter “mortgage”) was a company that manufactures and sells pressure and stity pumps from around 2016, and trades goods with Nonparty Company from around 2016.2) On August 8, 2017, Nonparty Company entered into a mortgage agreement with the Defendant (hereinafter “instant contract”) and entered into each real estate listed in the separate sheet owned by Nonparty Company (hereinafter “instant real estate”) as to each real estate listed in the separate sheet owned by the Nonparty Company (hereinafter “instant real estate”) with the Changwon District Court Kimhae-do Office (No. 70879, Aug. 8, 2017), the maximum debt amount of which is KRW 140,00,000, the debtor company, and the Plaintiff.

arrow