logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.20 2014가합561746
구상금 및 사해행위취소
Text

1. The defendant (Appointed) and the appointed party B Co., Ltd. shall jointly and severally serve as the plaintiff 220,237,353 won and among them, 218,558.

Reasons

1. Basic facts

A. Around June 2010, the designated B Co., Ltd. (hereinafter “B”) entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on June 2, 2015, setting the credit guarantee term from June 8, 2010 to June 2, 2015, and setting the credit guarantee principal as KRW 237,500,00 (hereinafter “the credit guarantee agreement in this case”). The Defendant, the representative of B Co., Ltd., as a joint and several liability for indemnity against the Plaintiff.

B. B Co., Ltd. lost the benefit of May 22, 2014 because it was impossible for Korea bank to pay interest on loans from April 2013. On May 23, 2014, Korea bank notified the Plaintiff that the credit guarantee accident of the instant credit guarantee agreement occurred.

C. On July 30, 2014, the Plaintiff subrogated to the Bank for KRW 218,558,496 for the principal and interest of B corporation.

On January 3, 2014, the Defendant entered into a sales contract to sell KRW 470,00,000 of the Seocho-gu Seoul Metropolitan Government D Building 401 (hereinafter “instant real estate”) owned by the Defendant (hereinafter “instant sales contract”). On January 7, 2014, C concluded the ownership transfer registration on the instant real estate under the Seoul Central District Court’s registration No. 4279, Jan. 7, 2014 (hereinafter “instant ownership transfer registration”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 8, 10 evidence, Eul evidence 3-1, the purport of the whole pleadings

2. As to the claim for reimbursement against the Defendant and the appointed party B (hereinafter “B”) on the ground that the Plaintiff subrogated for the principal and interest of the loan to our bank pursuant to the credit guarantee agreement in this case, the Plaintiff may provide the above principal and interest of the loan to the Defendant, a principal debtor, and the Defendant, a joint guarantor, KRW 218,58,496, KRW 1,034,687, guarantee period.

arrow