logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.07.03 2013가합8332
제3자이의
Text

1. It was concluded on February 8, 2012 with respect to each movable set forth in the separate sheet between the Plaintiff (Counterclaim Defendant) and the stock company A.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On February 8, 2012, A (hereinafter referred to as “A”) concluded a monetary loan agreement for transfer security with the effect that each movable property listed in the separate sheet (hereinafter referred to as “the movable property”) in order to secure the above loan obligation by borrowing KRW 240 million from the Plaintiff on March 31, 2012, as the due date for repayment, was transferred to the Plaintiff by means of possession revision.

(2) The Defendant concluded a credit guarantee agreement between A and a credit guarantee principal in total amount of KRW 1,009,500,000 (hereinafter “instant credit guarantee agreement”), and at the time, B, a in-house director of A, jointly and severally guaranteed all obligations under the credit guarantee agreement between A and A.

On December 28, 2011, A notified the Defendant of the occurrence of a credit guarantee accident on January 27, 201, which caused a credit guarantee accident in arrears with principal, and on February 6, 2012, A notified the Defendant of the occurrence of a credit guarantee accident on February 24, 2012.

On February 29, 2012, the Defendant paid KRW 723,076,075 to the Government Branch of the Korea C&T Bank in subrogation of A, and KRW 281,350,667, respectively, on April 6, 2012.

The Defendant filed a lawsuit against A and B seeking reimbursement for the amount of reimbursement under the Seoul Western District Court Decision 2012 tea3261, and the said court issued a payment order against A and B on May 31, 2012, ordering A and B to pay the claimed amount of KRW 988,503,637, and delay damages. The payment order was finalized on June 20, 2012.

(hereinafter “instant payment order”). On May 25, 2012, the Defendant filed a motion for provisional seizure of corporeal movables with the District Court 2012Kadan3370 against A on each of the instant movables, and the same year.

6.1. A ruling of provisional seizure was issued.

Since June 5, 2013, the defendant shall be liable for damages.

arrow