logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.15 2014가합589966
사해행위취소
Text

Defendant A and Defendant B jointly and severally agreed to the Plaintiff KRW 276,930,980 and KRW 274,933,780 among them.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a company with the aim of facilitating the financing of small and medium enterprises by guaranteeing the obligations of small and medium enterprises which lack security capacity by the Korea Technology Credit Guarantee Fund Act.

(2) Defendant A (hereinafter “Defendant A”) is a company with the objective of selling and exporting and importing semiconductor chemical drugs and equipment, and Defendant B is the representative director of the Defendant Company.

B. On July 20, 201, the Plaintiff entered into a credit guarantee agreement and a loan transaction (1) on July 20, 201, with the Defendant Company’s principal KRW 270,000,000, and the term of the guarantee was changed to July 20, 2012 (the extended term of the guarantee was changed to July 18, 201), and entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s liability for indemnity against the Plaintiff.

(2) On August 31, 201, Defendant Company submitted to the Industrial Bank of Korea a credit guarantee certificate issued by the Plaintiff on August 31, 201, and received a small and medium enterprise financing loan by setting the loan amount of KRW 300,000,000, and the loan term on July 18, 2014.

C. The occurrence of a credit guarantee accident and the occurrence of a claim for reimbursement (1) Defendant Company lost the benefit of time beginning on July 25, 2014, starting with delinquency in paying the principal of the loan.

(2) On August 4, 2014, the Industrial Bank of Korea notified the Plaintiff of a credit guarantee accident with respect to the Defendant Company. On October 28, 2014, the Plaintiff subrogated the Plaintiff to the Industrial Bank of Korea for KRW 274,93,780 (= Principal KRW 270,000,000, KRW 4,933,780).

(3) The Plaintiff spent KRW 727,100 as the legal procedure cost for the enforcement and preservation of the claim for indemnity, and there was an additional guarantee fee of KRW 1,270,100 pursuant to Article 3 of the instant credit guarantee agreement.

(4) The Plaintiff’s rate of damages is 12% per annum from December 1, 2012 to the date.

(1) On March 17, 2014, Defendant B and the real estate indicated in the separate sheet (hereinafter “instant real estate”).

arrow