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(영문) 서울동부지방법원 2013.12.17 2013가단106605
사해행위취소
Text

1. With respect to 72.7 square meters in Changwon-si, Masan-si B Masan-gu:

A. On August 11, 201, between Nonparty C and the Defendant was concluded.

Reasons

1. The fact that there is no dispute over the basic facts [based for recognition], evidence A Nos. 1 through 14, the fact-finding results on the Northwest-gu Office in the case of the astronomical wave in this Court, and the purport

A. On March 30, 2010, the Plaintiff entered into a credit guarantee agreement with Non-Party D Co., Ltd. (hereinafter “Non-Party D”) and guaranteed, within the scope of the above credit guarantee, the obligation to repay the principal and interest of the trade financing loan amounting to KRW 1,575,00,000,000, the guarantee number E, the guaranteed principal and interest of KRW 1,260,000,000, and the guarantee period on March 30, 2011 (up to March 30, 2012).

B. According to a credit guarantee agreement between the plaintiff and the non-party company, where the plaintiff performs the above guaranteed obligation, the non-party company shall also pay to the plaintiff all incidental obligations, such as ① the amount of subrogation paid by the plaintiff for the performance of the obligation, the amount of damages for delay calculated by the rate of damages prescribed by the plaintiff (16% per annum after April 17, 2003) from the payment date of the guaranteed obligation to the full payment date, ② additional guarantee fees calculated by adding the rate of 5% per annum from the day following the payment date of the guaranteed obligation to the day before the expiration date of the guaranteed obligation, ③ legal procedure expenses paid by the plaintiff for the execution or preservation of the right by the repayment of the guaranteed obligation. The non-party company is subject to a disposition of seizure, provisional seizure, or suspension of its business, or delinquent in taxation, or is subject to a disposition of suspension of transactions with the principal and subordinate debt, or when it is deemed necessary for the plaintiff to properly discharge the principal and subordinate debt guaranteed by the non-party company, without any separate notice or peremptory notice.

C. C, as the spouse of F, who is the representative director of the non-party company, was a director of the non-party company, is the above credit guarantee agreement.

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