logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.11.17 2017나52923
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 29, 2011, the Plaintiff and the FF limited liability company of the agricultural company (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement, etc. with the Plaintiff and the Plaintiff.

In addition, with respect to the principal and interest of loan to be borne by the non-party company to a national bank, the amount of security deposit was KRW 2,700,000,000, and the term of guarantee was set on April 28, 2014 (hereinafter “the credit guarantee agreement of this case”).

(2) On April 29, 2011, C submitted a credit guarantee certificate issued by the Plaintiff under the instant credit guarantee agreement to a national bank and borrowed KRW 3,000,000,000 from the national bank.

B. In the event of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation, the non-party company failed to pay the interest due to the obligation to pay the principal and interest of the loan, even though it has lost the interest due date, and the Plaintiff paid a total of KRW 1,956,59,974 to the National Bank on December 8, 2014 pursuant to the credit guarantee agreement of this case.

C. On May 14, 2015, the Plaintiff filed an application with the Jeonju District Court for a payment order against Nonparty Company, C, etc. with the Jeonju District Court 2015 tea574, and received a payment order stating that “Foreign Company, C, etc. shall jointly and severally pay to the Plaintiff KRW 1,978,930,52 and delay damages therefrom,” and the said payment order became final and conclusive as it is.

On April 24, 2015, C and the Defendant entered into a sales contract to sell the instant real estate in KRW 5,000,000 (hereinafter “instant sales contract”) with the Defendant, and on April 27, 2015, the registration of ownership transfer was completed as of April 27, 2015 as the receipt of the Gwangju District Court Mine Office No. 5478 on April 27, 2015.

E. C’s asset status was the only property at the time of the instant sales contract.

arrow