logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.09.18 2013가합102484 (1)
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On September 18, 1998, the Plaintiff entered into a credit guarantee agreement and a joint and several guarantee agreement with C Co., Ltd. (hereinafter “C”) by setting the credit guarantee principal of KRW 70,00,000, and the credit guarantee period from September 18, 1998 to September 17, 199. On the same day, C’s representative director was the husband of B (Defendant’s husband) and D, and E jointly and severally guaranteed the Plaintiff’s obligation under the said credit guarantee agreement.

C On September 18, 1998, pursuant to the above credit guarantee agreement, C was loaned KRW 70,000,000 from Han Bank Co., Ltd. (hereinafter “I Bank”) along with a credit guarantee letter issued by the Plaintiff.

B. On December 20, 199, C had caused a credit guarantee accident and a claim for reimbursement. On March 22, 200, the Plaintiff subrogated for C’s loan obligation to Han Bank on March 22, 2000. 2) After which the Plaintiff filed a lawsuit for the claim for reimbursement against C and B, etc., which are joint and several sureties (Seoul District Court 2003Gadan2887), and subsequently, on July 22, 2003, C, etc. (C and B, etc. and 71,957,97,123 won among them, and 18% per annum from March 22, 200 to June 18, 2003 and 20% per annum from the next day to the date of full payment, the judgment of the Plaintiff was rendered in favor of C and B, etc., and 205% per annum.

(3) On the other hand, the amount of the instant judgment against the Plaintiff is KRW 231,587,323 as of June 12, 2013 (i.e., the principal amount: KRW 53,345,714 won up to March 21, 2000; KRW 40,489,823 won up to March 22, 2000; KRW 137,751,786 won from March 22, 200 to June 12, 2013). (iii) On the other hand, the Defendant acquired real estate in the name of the Defendant, etc. (i) on June 29, 2011, sold F building 202,505 (hereinafter “Real Estate No. 1”) under the name of the Defendant on June 13, 2013.

arrow