logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.09.13 2017나104864
사해행위취소
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On June 11, 2013, the Plaintiff and A entered into a credit guarantee agreement between the Plaintiff and A to guarantee the repayment of the principal and interest of loan to the said community credit cooperative (hereinafter “instant credit guarantee agreement”) upon obtaining a loan of KRW 14,900,000 from the new community credit cooperative (hereinafter “the instant credit guarantee agreement”).

The main contents are as follows:

Article 4 (A) A person shall pay all principal and subordinate obligations of the principal and subordinate obligations guaranteed by the Foundation by the due date, so that the Foundation may not perform the guaranteed obligations.

Article 5 If any of the following events occurs to the principal of the prior indemnity, the Foundation may make a prior indemnity without prior notice or demand, and in such cases, the principal and the joint guarantor shall bear the obligation of the prior reimbursement without objection:

1. Where the Foundation has violated Article 4 (1) 1 The principal and the joint guarantor shall pay the following amounts immediately:

1. Performance amount of surety obligations;

2. The rate set by the Foundation from the date of performance to the date of repayment for the amount under subparagraph 1, and the amount calculated according to the calculation method.

(3) The rate determined by the Foundation in paragraphs (1) and (2) shall be the rate determined by the Foundation in consideration of the interest rate on overdue loans to financial institutions within the extent prescribed by Acts and subordinate statutes.

B. On April 15, 2015, the Defendant and A entered into the instant mortgage contract with respect to the instant real estate, which was KRW 52,00,000,000 with respect to the maximum debt amount, and the obligor A and the mortgagee as the Defendant. Accordingly, the establishment registration of the instant mortgage was completed on April 15, 2015 with the ASEAN Branch Office of Daejeon District Court No. 22950, A, which was received on April 15, 2015. (2) At the time of the instant mortgage contract, the financial status of A at the time of the instant mortgage contract is as follows. A’s active property: 103,000.

arrow