logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.10.07 2015가단4537
구상금 및 사해행위취소 청구의 소
Text

1. As to KRW 10,727,736 and KRW 10,727,648 among the Plaintiff, Defendant A shall be from November 26, 2014 to April 10, 2015.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and a loan agreement with Defendant A, who is engaged in self-business on February 26, 2013, with a credit guarantee principal of KRW 10,450,00, and with the term of guarantee until March 18, 2018 (hereinafter “instant credit guarantee agreement”). In the event that Defendant A was unable to repay debts owed to financial institutions, and the Plaintiff pays the principal and interest of the loan by subrogation, Defendant A agreed to pay the amount of subrogation and damages for delay at the rate determined by the Plaintiff.

B. Around March 19, 2013, Defendant A borrowed KRW 10,450,000 from the Bananan Credit Union by taking as security a credit guarantee letter issued by the Plaintiff pursuant to the instant credit guarantee agreement.

C. A credit guarantee accident and the Plaintiff’s subrogation paid the principal and interest in arrears due to the aggravation of the financial status due to the aggravation of the business operation following July 24, 2014. On November 26, 2014, the Plaintiff repaid the principal and interest of the loan of KRW 10,737,148 on behalf of the Defendant A, and on December 30, 2014, the amount remaining after recovery of KRW 9,500 by December 30, 2014 was KRW 10,727,648 (= KRW 10,737,148 - 9,500). The amount of damages determined by the Plaintiff was determined by December 30, 2014 by 88, and the amount of damages determined by the Plaintiff was 12% per annum from September 28, 2013 to the date of closing the argument of this case.

On the other hand, on May 13, 2004, the registration of ownership transfer was completed on January 4, 2013 with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on which the registration of ownership transfer was made in Defendant A (hereinafter “each of the instant real estate”), and the registration of ownership transfer was revoked on July 17, 2014 for the reason of the cancellation of agreement made on July 17, 2014 (hereinafter “the instant termination agreement”).

Defendant A-. The defendant A-.

arrow