logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2016.10.27 2016가단100780
사해행위취소
Text

1. As to KRW 45,231,155 and KRW 45,095,725 among the Plaintiff, Defendant A’s year from February 3, 2016 to April 29, 2016.

Reasons

1. Facts of recognition;

A. On May 6, 2009, the Plaintiff concluded a credit guarantee agreement with Defendant A, who operates the “C” on May 6, 2009 (hereinafter “instant credit guarantee agreement”) with the Plaintiff as follows until April 29, 2016, the obligee of the period of guarantee of the guaranteed number, which was the date of the agreement on the sequence of claims against Defendant A, as of May 6, 2009:

(2) Defendant A submitted to an enterprise bank a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement, and received a loan of KRW 45,000,000 from the enterprise bank.

3 A guarantee accident occurred on January 8, 2016 to the Plaintiff and the Plaintiff claims the performance of credit guarantee obligations. The Plaintiff has the same year.

2.3. The principal and interest of the loan of Defendant A was subrogated to a corporate bank in the amount of KRW 45,095,725.

4) As of February 3, 2016, the Plaintiff’s indemnity against Defendant A (hereinafter “instant indemnity”).

(B) The amount of the claim is KRW 45,231,155 (amounting to KRW 45,095,725 by subrogation), and the agreed damages rate from February 3, 2016, which is the date of subrogation for KRW 45,095,725 (amounting to KRW 45,095,430 by subrogation) is 10% per annum. Defendant A’s act of disposing of the property of Defendant A, on July 14, 2015, is the real estate indicated in the attached Table (hereinafter “instant apartment”).

As to the maximum debt amount, “78,00,000 won”, “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-holder” (hereinafter “mortgage-mortgage-mortgage-mortgage”) was concluded, and on the same day, Defendant B completed the registration of creation of a neighboring mortgage with the Daegu District Court No. 69847, supra (hereinafter “the creation of a neighboring mortgage”).

C. Upon entering into the instant mortgage contract, Defendant A’s active property Nos. 157,50,000 of the instant apartment Nos. 157,095,7252 of the National Bank’s deposit refund claim (Account Number E6,092,162)

arrow