logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.23 2015가합511793
사해행위취소
Text

1. Defendant Uniform A&S Co., Ltd., and A, jointly and severally, KRW 701,834,923 and KRW 699,905,592 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with the Defendant Uniform A&S (hereinafter “Defendant Company”) to guarantee the repayment of the principal and interest of loans as set forth below. The Defendant Company received each credit guarantee agreement from the Industrial Bank of Korea on February 15, 2012, stating the loan amount of the credit guarantee principal during the first credit guarantee period (won) from the Industrial Bank of Korea on February 15, 2012 to February 375, 200,000,000 (2) from March 7, 2012 to March 42, 2012, 200 to March 7, 2012, 200, respectively.

B) According to the respective credit guarantee agreements in this case, Defendant A guaranteed the performance of the obligation owed by the Defendant Company to the Plaintiff in accordance with the above credit guarantee agreement, the Defendant Company shall pay to the Plaintiff all incidental obligations, such as ① the amount of the Plaintiff’s subrogation (amount of the performance of the guaranteed obligation) and the amount of damages for delay determined by the Plaintiff from the date of the subrogation (the date of performance of the guaranteed obligation) to the date of full payment (12% per annum from December 1, 2012 to the date of the filing of the instant lawsuit), ② the amount of damages for delay from December 1, 2012 to the date of the repayment of the obligation.

2) On September 23, 2014, the Defendant Company lost the benefit of each of the above loans due to the occurrence of a credit guarantee accident caused by the overdue interest of the principal and interest of the loans. On November 5, 2014, the Industrial Bank of Korea filed a claim with the Plaintiff for the performance of the guaranteed obligation under the respective credit guarantee agreements.

B) On November 28, 2014, the Plaintiff at Industrial Bank of Korea KRW 701,652,885 (=252,229,620 (net ①) 449,423,265 (net ②).

arrow