logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.09.19 2017가합3702
사해행위취소
Text

1. Of the instant lawsuit, the part requesting the cancellation of the registration of the establishment of a neighboring real estate on the 5 and 6 real estate indicated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1 against C and D was established on October 19, 2015 after the Plaintiff changed the name of the agricultural corporation C (EF farming association) to “FF farming association” on March 30, 2015, and changed the organization on October 19, 2015.

hereinafter referred to as “C”

On May 23, 2014, the credit guarantee principal was changed to KRW 225 million, and the guarantee period was changed to May 22, 2015 (finally until May 19, 2017).

(1) The term of the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”)

(2) On April 27, 2016, the term “credit guarantee agreement of this case” (hereinafter referred to as “credit guarantee agreement of this case”) set forth as a credit guarantee principal of 80 million won and as a guarantee period of 26 April 2017.

After entering into each credit guarantee agreement, C issued each credit guarantee form to C, and D, the representative director of C at the time of each credit guarantee agreement as above, guaranteed C’s liability for indemnity against the Plaintiff. 2) C obtained a loan from the former North Bank (hereinafter “former North Bank”) and the Industrial Bank of Korea in accordance with each credit guarantee agreement as above. From February 10, 2017, the Plaintiff subrogated for the interest unpaid from February 10, 2017 to May 31, 2017.

(No. 3-1) The Plaintiff subrogated for the interest unpaid from March 2, 2017 to May 18, 2017 to the former bank, and from March 2, 2017 to the former bank.

(A) No. 3-2) The Industrial Bank of Korea lost its interest due to the repayment of the principal and interest of the loan to the Bank. On June 1, 2017, the Plaintiff subrogated the Bank of North Korea to pay the principal and interest of KRW 194,866,901 (i.e., principal and interest of KRW 192,866,901) (i.e., principal and interest of KRW 2,866,901), and on May 19, 2017, the Bank of Korea paid the principal and interest of KRW 806,658,849 (= principal and interest of KRW 80,658,849) to the Bank of Korea.

3) The Plaintiff: (a) KRW 1,004,736,48 for C and D (=total amount of KRW 1,001,525,750 for subrogated payment (=total amount of KRW 806,658,849 according to the credit guarantee agreement of KRW 194,86,901 under the credit guarantee agreement of the instant case) = KRW 1,048,710 for penalty under the credit guarantee agreement of Article 1 of the instant case = 132,550 under the credit guarantee agreement of the instant case.

arrow