logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.06.08 2015가합37306
사해행위취소
Text

1. Each patent right listed in the separate sheet Nos. 1 through 3 and the separate sheet No. 4 shall be entered between the defendant and the stock company.

Reasons

1. Facts of recognition;

A. On April 6, 2004, B Co., Ltd. (hereinafter “B”) entered into a credit guarantee agreement with the Plaintiff by setting the coverage amount of KRW 160,00,000,000 and the term of guarantee on April 6, 2005, and entered into a credit guarantee agreement with the Plaintiff on five occasions as listed below, such as borrowing of KRW 200,000,000 from the Nonghyup Bank based on the guarantee certificate issued by the Plaintiff pursuant to the above credit guarantee agreement. Based on such agreement, the term of guarantee and the principal of guarantee were finally modified, respectively.

(1) On April 6, 2004, 200, 200, 200, 200, 200, 300,000, 200, 200,000 on April 6, 2005 on June 26, 200, 200, 30,000, 192,00,000, 196. 6. 6. 1, 2006. 1, 200, 300,00,000,000 on June 6, 200, 200, 30,00,000,00,000 on June 3, 2006, 200, 300,00,000,000,00 on April 27, 2000, 2004;

B. B on August 7, 2015, a credit guarantee accident occurred due to the natural environment and the loss of the benefit of time. On September 20, 2015, the Plaintiff subrogated to the Nonghyup Bank for KRW 145,852,510, and KRW 959,187,537 in total to the Bank (= KRW 194,010,950, KRW 348,083,704, KRW 202,094, KRW 838,812,836, KRW 131,85,309) upon the request for the performance of the guaranteed obligation by the said lending Bank.

C. As part of the amount paid by subrogation from B, the Plaintiff collected KRW 8,766,020 on September 30, 2015 and KRW 13,504 on October 1, 2015, and the Plaintiff’s claim for indemnity against B as of October 1, 2015 remains 1,096,263,412 (i.e., the amount of unpaid subrogated payment, KRW 1,096,260,523).

On the other hand, B is its location.

arrow