logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.04.20 2016나61136
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 8, 10 to 15 (including each number in the case where there are serial numbers), and Eul evidence No. 1 by integrating the whole purport of the pleadings:

(1) The Plaintiff’s claim for indemnity against B (hereinafter “O”) is created on March 31, 2008 and December 23, 2010.

(2) Each credit guarantee agreement was entered into with another credit guarantee agreement, and the O received 200,000,000,000 from the Daegu Bank as collateral on March 31, 2008, and 200,000,000 from the new bank on December 23, 2010. B, at the time when each credit guarantee agreement was entered into, theO jointly and severally guaranteed the O’s liability for indemnity against the Plaintiff. (2) On October 2, 2012, theO lost the interest of the time limit for the above credit guarantee against the new bank on October 31, 2012, and the Plaintiff lost the interest of the time limit for the above credit guarantee loan against the new bank on November 22, 2012, the Plaintiff lost the interest of the new bank on November 31, 2012 due to each credit guarantee claim under each credit guarantee agreement such as the new bank, etc., 34,391,3714,47,57

3) The Plaintiff filed a claim for reimbursement against B, etc. with the Busan District Court Branch 2013Gahap10766, Feb. 7, 2014, the Plaintiff received a favorable judgment against B, etc. on the ground that “B, jointly with C, and severally with D, shall be 344,636,30 won and 342,584,930 won among them, shall be 16% per annum from November 22, 2012 to November 30, 2012; 12% per annum from December 1, 2012 to August 16, 2013; from August 17, 2013 to the date of full payment; from August 17, 2013 to the date of full payment; from the above judgment, the Plaintiff recovered the amount of money calculated at the rate of 20% per annum 20% from the above judgment to the date of full payment; from the judgment below 2014.25% of the amount of the claim.214.

arrow