logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.18 2014가합579433
사해행위취소
Text

1. Defendant A, B, C, D, and E are jointly and severally liable to the Plaintiff for KRW 261,102,864 and KRW 255,806,709 of the above amount.

Reasons

The summary of the case is that the plaintiff sought reimbursement from Defendant Company B, C, D, and E under the credit guarantee agreement, while the property division contract between Defendant B and Defendant F is a fraudulent act.

In fact, on June 29, 2010, Defendant Company entered into a credit guarantee agreement with the Plaintiff and the guaranteed principal of KRW 261,250,000, and the term of guarantee was changed to June 28, 201 (the term of guarantee was changed to June 27, 2014) and received a loan of KRW 275,00,000 from the Industrial Bank of Korea after obtaining a credit guarantee agreement.

Defendant B, C, D, and E jointly and severally guaranteed the obligation of the Defendant Company to the Plaintiff according to the aforementioned credit guarantee agreement.

According to the above credit guarantee agreement, when the plaintiff has fulfilled the guaranteed obligation, the principal obligor and the joint guarantor shall pay the amount of the guaranteed obligation and the damages for delay calculated by the rate prescribed by the plaintiff (12%) from the date of the performance of the guaranteed obligation until the date of repayment.

As a credit guarantee accident occurred due to the Defendant Company’s delinquency of principal on March 29, 2014, the Plaintiff paid the principal and interest of KRW 255,806,709 to the Industrial Bank of Korea on October 28, 2014.

The payment by subrogation 3,724,365 won and penalty 1,571,790 won have occurred.

On May 14, 2014, the registration of ownership transfer was completed on May 8, 2014 on the real estate listed in the separate sheet, which is the only property of Defendant B, including the registration relationship.

Since then, on June 18, 2015, the distribution schedule was prepared to distribute 660,020 won to Defendant F in the auction procedure for the G real estate G with Sung-nam District Court established for the said real estate.

【Defendant Company B, C, and D without any dispute, entry of Gap evidence 1 to 9, and inquiry of the Seocho-gu by this court.

arrow