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(영문) 대전지방법원 2017.08.23 2016가합102713
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s indemnity claim 1) C operates A and E in ASEAN, Inc. (hereinafter “A” and “E”, respectively.

2) On April 17, 2012, the non-party company and E borrowed money from the Korea Scard Bank on April 17, 2012, and the non-party company jointly guaranteed the debt E on the same day.

3) On April 17, 2012, the Plaintiff concluded a credit guarantee agreement between the non-party company and the non-party company with the credit guarantee term up to April 17, 2015, with the effect that, where the non-party company is unable to repay its obligations under the foregoing paragraph 2, the Plaintiff paid it by subrogation to the non-party company, and that, to claim the amount of subrogation

(4) On February 18, 2015, E, and from February 24, 2015, Nonparty Company failed to pay interest on the said bank. On June 24, 2015, the Plaintiff subrogated to Nonparty Company’s debt 2,025,930,737 and debt 101,816,602 for joint and several liability. (5) The Plaintiff filed an application against Nonparty Company for payment order seeking reimbursement under the Daejeon District Court Decision 2016 tea3266.

The above court issued an order to pay the Plaintiff KRW 2,143,193,669 and KRW 101,816,602 from June 24, 2015 to June 25, 2015, KRW 2,025,930,737 with interest rate of 12% per annum from July 6, 2015 to the delivery date of the original copy of each payment order, and KRW 15% per annum from the next day to the full payment date. The above payment order was finalized on February 26, 2016.

(B) The Plaintiff’s claim arising from the subrogation (hereinafter “the claim for indemnity of this case”).

The non-party company’s transfer of patent right 1) The non-party company shall have the same patent as the attached Form (hereinafter “instant patent”).

(2) On February 17, 2015, the non-party company transferred the patent right of this case to the Defendant in KRW 100,000,000 between the Defendant and the Defendant.

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