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(영문) 부산지방법원 2017.06.14 2015가합49715
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against A and D 1) The Plaintiff Company A (hereinafter “A”)

Upon request for guarantee, A entered into a credit guarantee agreement with respect to the obligation to repay the principal and interest of loan to be borne by the Industrial Bank of Korea. A around June 26, 2012, each of the credit guarantee agreements (hereinafter “the instant credit guarantee agreement”) with the amount of security KRW 190,000,000,000,000 for each of the guaranteed amount, around June 26, 2013, and KRW 180,000,000,000.

After the conclusion of each credit guarantee certificate, A was issued to the Industrial Bank of Korea on June 26, 2012. Accordingly, A loaned a total of KRW 400 million from the Industrial Bank of Korea each of 200 million. 2) During the process of issuing each credit guarantee certificate, A provided the Plaintiff with three patent rights (patent F, G, and H) equivalent to the total of KRW 690 million appraised value as of January 1, 2012 as security (hereinafter “instant security”).

3) At that time, D, the representative director of A, guaranteed the Plaintiff’s obligation under the instant credit guarantee agreement. (4) On August 3, 2015, a guarantee accident where the current account transaction of A was suspended occurred.

On December 1, 2015, the Plaintiff paid the Bank the total amount of KRW 374,706,592 to the Plaintiff upon receiving a claim for performance of guaranteed liability.

On the other hand, the Plaintiff spent KRW 4,008,425 for legal procedure costs to preserve the claim for reimbursement against A.

(hereinafter referred to as “claim, etc.”) B. of this case

On April 10, 2013, the Defendant first lent KRW 400 million to A by December 8, 2014. On December 20, 2014, A entered into an agreement to transfer a patent right with A (total 12 cases) as stated in Schedule 1, 2, 5, and 14 (total 12 cases) as stated in Schedule 1, 1, 2, 5, and 16 or 20 with D, and to “transfer a patent right to the Defendant” (hereinafter referred to as “first patent transfer agreement”).

(2) A) 2) A.

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