logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.01.16 2019가단241386
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. On September 27, 2018, between Nonparty B and the Defendant was concluded.

Reasons

1. Facts of recognition;

A. (1) In the Plaintiff’s claim for indemnity against B, the Plaintiff entered into an agreement with C (hereinafter “C”) on credit guarantee under the Credit Guarantee Fund Act with respect to each of the loans granted by C from the branch of the Industrial Bank of Korea (hereinafter “the Bank”), and with respect to the repayment of the principal and interest of loan, for a guarantee period not exceeding the limit of the amount guaranteed to guarantee the payment of the principal and interest of loan, and upon the Plaintiff’s performance of each of the credit guarantee obligations to C on behalf of C, C shall pay each of the above banks within the guarantee period not exceeding the limit of the amount guaranteed to guarantee the payment of the principal and interest of loan, and upon the Plaintiff’s performance of each of the credit guarantee obligations to the above banks on behalf of C, C shall pay (i) the amount paid by the Plaintiff by subrogation for the performance and the damages for delay calculated by the rate of the amount paid by subrogation from the following day of the due date of the payment to the date of full payment, and (iii) the penalty calculated by adding the rate of the guarantee

(2) On June 24, 201, the Plaintiff issued a credit guarantee (guarantee number: D) on June 21, 2013 with a credit guarantee agreement, setting the guarantee amount as KRW 170,000,000, and the guarantee period as KRW 200,000,000, based on the said credit guarantee agreement, with respect to the obligation of the small and medium enterprise loans that C will be borrowed from the said bank. On June 24, 2011, C shall be deemed as the first loan of KRW 200,000,000 as the security of the said guarantee period from the said bank.

After receiving the credit guarantee term, the credit guarantee term was extended on June 14, 2019.

On September 1, 2016, the Plaintiff: (a) based on the credit guarantee agreement as to the obligation of the principal and interest of KRW 150,00,000 for small and medium enterprise loans to be borrowed by the said bank; and (b) based on the said credit guarantee agreement, the guaranteed amount shall be KRW 127,50,000; and (c) the term of guarantee shall be August 31, 2021.

arrow