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(영문) 부산지방법원 2020.01.08 2019가합43678
사해행위취소
Text

1.(a)

On December 13, 2017, each patent right described in attached Tables 1 and 2 between the Defendant and B is concluded.

Reasons

1. Facts of recognition;

A. On April 27, 2016, the Plaintiff entered into a credit guarantee contract between the Plaintiff and B (hereinafter “B”).

B) As to the principal and interest obligation to be borne by receiving a loan of KRW 900,00,000 from the F Bank, the Plaintiff entered into a credit guarantee agreement with the F Bank (hereinafter “the instant credit guarantee agreement”) between B and B on August 28, 2017, with respect to the principal and interest obligation to be borne by B by obtaining a loan from the G Bank (hereinafter “G Bank”), the Plaintiff entered into a credit guarantee agreement with the credit guarantee principal amounting to KRW 900,00,000,000 and the credit guarantee period from August 28, 2017 to August 27, 2018 (hereinafter “the instant credit guarantee agreement”).

(3) On August 28, 2017, the instant credit guarantee agreement issued a credit guarantee agreement to G Bank on April 27, 2016 (hereinafter “the credit guarantee agreement”). A, the representative director of B, was loaned KRW 900,00,000 as collateral. (4) D, under the instant credit guarantee agreement, jointly and severally guaranteed the liability for indemnity against the Plaintiff.

B. A credit guarantee accident and subrogation (1) around May 2, 2018, which was within the term of guarantee of the instant credit guarantee agreement, caused a credit guarantee accident in which B lost the benefit of time due to loans to G Bank. (2) The Plaintiff subrogated to G Bank for the principal amounting to KRW 905,103,419 (i.e., the principal amounting to KRW 900,000,000) on July 27, 2018 pursuant to the instant credit guarantee agreement.

Meanwhile, expenses incurred by the Plaintiff to take measures to preserve claims for reimbursement under the credit guarantee agreement of this case are KRW 253,846. The damages rate determined by the Plaintiff is 10% per annum from the date of subrogation until the date of payment.

3. The Plaintiff filed an application with the Daegu District Court for a payment order against B and D seeking reimbursement of reimbursement and other expenses for reimbursement, etc. paid as above by the Daegu District Court 2018 tea14589, and “B and D” on August 22, 2018, jointly and severally with the Plaintiff 905,357,265 won and damages for delay.

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