logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.07.03 2014가단5023044
사해행위취소
Text

1. Defendant A, B, C, and E are jointly and severally liable to the Plaintiff for KRW 60,487,058 and KRW 58,936,00 among them, from May 13, 2013.

Reasons

1. Basic facts

A. 1) On December 31, 2008, the Plaintiff entered into a credit guarantee agreement with Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”).

between the credit guarantee principal and the credit guarantee principal of KRW 63,750,000, and the guarantee term was extended until December 31, 2009 (B) (by January 2, 2013).

(i)the credit guarantee agreement specified in the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

(2) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case, the non-party company is required to pay to the Plaintiff the amount of the guaranteed obligation, damages calculated by the rate and method determined by the Plaintiff from the date of repayment to the date of repayment, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired from the performance of the guaranteed obligation, additional guarantee fees, etc.

B. (1) On November 30, 2012, a credit guarantee accident occurred as the non-party company did not pay interest on the loan to the Industrial Bank of Korea. On May 13, 2013, the Plaintiff subrogated to the Industrial Bank of Korea of KRW 58,936,008 pursuant to the instant credit guarantee agreement. (2) The amount of damages determined by the Plaintiff was 14% per annum, and the additional guarantee fee to be paid by the non-party company to the Plaintiff under the instant credit guarantee agreement is 42,60 won. The additional guarantee fee to be paid by the non-party company to the Plaintiff according to the instant credit guarantee agreement is 1,108,450 won.

C. One network F, such as the death and gift of the net F, is himself/herself between Defendant D, an ASEAN on January 29, 2013.

arrow