logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.17 2017가합49290
사해행위취소
Text

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

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

Reasons

Facts of recognition

A. The Plaintiff entered into a credit guarantee agreement between F and F on May 8, 2008, with the guarantee principal, and with the guarantee period from May 8, 2008 to May 7, 2010 (the above credit guarantee period was later extended on April 29, 2016).

(2) Furthermore, between F and F on April 9, 2014, the Plaintiff entered into a credit guarantee agreement covering KRW 180,000,000 as the guaranteed principal, and the guarantee period from April 9, 2014 to April 8, 2015.

(B) Under each credit guarantee agreement, the term of the above credit guarantee was extended on April 8, 2016). (3) According to the above credit guarantee agreement, when the Plaintiff discharges the guaranteed obligation, F will pay to the Plaintiff the amount subrogated by the Plaintiff, and damages for delay calculated in proportion to the Plaintiff’s payment, penalty, and legal procedure expenses incurred in exercising or preserving the right acquired through the performance of the guaranteed obligation. (B) On May 9, 2008, the Plaintiff issued a credit guarantee certificate with KRW 255,000,000 in the future of the Industrial Bank of Korea at the Industrial Bank of Korea on May 9, 2008, and F obtained a loan of KRW 300,000,000 from the Industrial Bank of Korea on May 9, 2008.

2) In addition, on April 9, 2014, the Plaintiff issued a credit guarantee certificate of KRW 180,000,000 in the name of Nonghyup, and on April 11, 2014, F was loaned KRW 200,000,000 from Nonghyup with general funds. (c) A guarantee accident and subrogation, etc. were incurred on April 9, 2016, and Nonghyup notified the Plaintiff of the said credit guarantee accident on April 28, 2016.

2) On June 29, 2016, the Plaintiff subrogated 181,962,049 won of F’s principal and interest of loan to Nonghyup. On June 30, 2016, the Plaintiff subrogated 238,707,840 won of F’s principal and interest of loan to the Industrial Bank of Korea on June 30, 2016. (iii) Meanwhile, the Plaintiff’s penalty for breach of the Plaintiff’s guaranteed obligation to Nonghyup is KRW 878,790, and the Plaintiff respectively.

arrow