logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2014.12.23 2013가단76196
사해행위취소
Text

1. As to KRW 15,243,393 and KRW 14,759,930 among the Plaintiff, Defendant A’s year from August 21, 2013 to December 30, 2013.

Reasons

1. Basic facts

A. (1) On September 6, 2006, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A on the debt of KRW 25,000,000 (85%) to receive a loan from the leisure branch of Korea bank as a general fund for business operation and its subordinate obligations.

When the Plaintiff fulfilled the guaranteed obligation in accordance with the above credit guarantee agreement, Defendant A is required to pay the Plaintiff the amount, delay damages at the rate determined by the Plaintiff, expenses incurred in the discharge of the guaranteed obligation, and expenses incurred in the preservation, transfer and exercise of the right acquired by the discharge of the guaranteed obligation, and damages for delay at the rate determined by the Plaintiff.

(2) On September 6, 2006, the Plaintiff issued a credit guarantee certificate with the coverage amount of KRW 21,250,000, the guaranteed amount of KRW 21,250,000, the Defendant A, and the period of guarantee as of September 5, 2007, in accordance with the said credit guarantee agreement. Defendant A secured the said guarantee certificate and obtained a loan equivalent to the guaranteed amount from the point of loan in the Republic of Korea, and the Plaintiff finally extended the guarantee period until August 30, 2013.

(3) On March 4, 2013, Defendant A caused a credit guarantee accident due to the default of national taxes, etc., and on August 21, 2013, the Plaintiff subrogated 14,759,930 won to the female branch of the Bank of Korea on the loan principal and interest, and recovered KRW 23,010 in total on August 21, 2013 and August 29, 2013.

In addition, the Plaintiff paid the total of KRW 186,023, and KRW 320,480 as the expenses for preserving the claim for the collection of the above amount of reimbursement, and has a claim for substitute payment equivalent to the above amount.

B. (1) On February 13, 2013, Defendant A entered into a mortgage contract with Defendant B and the attached list (hereinafter “instant real estate”) with the maximum debt amount of KRW 39,00,000,00 with respect to the real estate as indicated in the attached list, and with Defendant A and Defendant B as the debtor A and the mortgagee B, and on the same day, Gwangju District Court’s net support registry office.

arrow