logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.08.16 2016가합111148
사해행위취소
Text

1. A donation contract concluded on March 30, 2016 with the Defendant on March 30, 2016 with respect to the share of 1/2 of each real estate stated in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. 1) C Co., Ltd. (former trade name: D Co., Ltd. or E, hereinafter “C”) and omit the entry of “stock company” for other companies.

(1) The Bank was loaned KRW 300,000,000,000 from the Industrial Bank of Korea on June 27, 2008, and KRW 162,00,000 on June 13, 2013, respectively. C in the course of the said loan, as follows: (a) each credit guarantee agreement with the Plaintiff (hereinafter “the instant credit guarantee agreement”); and (b) “the next credit guarantee agreement” when referring to a specific number of vehicles:

The Plaintiff entered into a credit guarantee agreement and accordingly, the Plaintiff issued each credit guarantee certificate to the Industrial Bank of Korea. The first credit guarantee agreement (as of June 24, 2008): - The principal of the guaranteed loan: 240,000,000 won (in this case, the change of KRW 216,60,000) - the guarantee period: the second credit guarantee agreement (as of June 24, 2008 until December 16, 2016) from June 23, 2008 to June 23, 2009 (as of June 21, 2013): the guarantee principal: 129,60,000 won - the guarantee period: from June 21, 2013 to June 20, 2018, the representative director of C) claimed for the joint and several guarantee obligation of the Plaintiff at the time of the instant credit guarantee agreement.

B. C’s rehabilitation procedure and performance of the Plaintiff’s guaranteed obligation on March 24, 2016, upon filing an application for commencing rehabilitation procedures (U.S. District Court 2016 Gohap1008) and losing the benefit of each loan, the Industrial Bank of Korea filed a claim with the Plaintiff for the performance of the guaranteed obligation under the credit guarantee agreement of this case. Accordingly, the Plaintiff, upon the performance of the guaranteed obligation on April 21, 2016, pursuant to the first credit guarantee agreement to the Industrial Bank of Korea on April 21, 2016, 194,89,918 (i) the principal of the loan was 193,931,976,612 (i) (i) the loan principal was 117,60,000,000 won + interest 376,612 won + interest 376,612 won) and (ii) the principal was reduced to KRW 1065,2856,1656,28565,20).

(c) Category B;

arrow