logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.25 2016가합77700
사해행위취소
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

(a) The Credit Guarantee Fund concluded a credit guarantee agreement with the Credit Guarantee Fund and created a claim for reimbursement; (i) on April 23, 2009, the Credit Guarantee Fund changed the coverage amount to KRW 475,00,000, and the term of guarantee on April 22, 2010 (after the change to June 19, 2015);

ii)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”).

(2) The Credit Guarantee Fund has concluded a contract with A to pay the Credit Guarantee Fund for the amount of the performance of the guaranteed obligation and the amount of damages for delay, penalty, and the cost of legal procedure in proportion to the amount of the performance of the guaranteed obligation as a compensation obligation and the amount of the guaranteed obligation determined by the Credit Guarantee Fund, if the Credit Guarantee Fund performs the guaranteed obligation.

3) On February 28, 2015, with respect to the instant credit guarantee agreement, a guarantee accident occurred due to delay in repayment of loans by A, and the Credit Guarantee Fund paid 422,677,085 won to the Bank of Korea on June 25, 2015 due to performance of obligations arising from the said guarantee. 4) After the Credit Guarantee Fund paid 491,010 won out of the principal amount of indemnity bonds acquired by the Korea Credit Guarantee Fund in relation to the instant credit guarantee agreement, A paid 422,186,075 won out of the principal amount of indemnity bonds acquired by the Korea Credit Guarantee Fund and paid 491,01,010 won in subrogation, and damages for delay based on the agreed damages rate for delay with respect to 491,010 won accrued until the date of the said repayment

In addition, the Korea Credit Guarantee Fund paid 1,572,860 won by subrogation in relation to the performance of obligations under the credit guarantee agreement of this case.

B. On December 16, 2014, A’s disposal act of real estate (hereinafter “each of the instant real estate”) concluded a separate contract to establish a mortgage (hereinafter “instant mortgage”) with respect to each of the instant real estate listed in Articles 1 through 8 as indicated in the separate sheet owned by A (hereinafter “instant real estate”) with respect to the Defendants’ joint collateral security amounting to KRW 390,000,000,000, and on the same day.

arrow