logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.03.11 2020가단5199942
사해행위취소
Text

Defendant A and B Co., Ltd. jointly and severally for KRW 88,874,370 and KRW 87,254,054, among themselves, shall be jointly and severally for the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 27, 2017, the Plaintiff entered into a credit guarantee agreement prescribed as of October 26, 2018 (hereinafter “credit guarantee agreement”) with Defendant A (hereinafter “Defendant A”) and issued a credit guarantee agreement to Defendant A.

The main contents of the instant credit guarantee agreement are as follows.

Article 5 (Pre-Indemnification) ① Where any of the following events occurs to a principal, the Foundation may demand a prior reimbursement without prior notice or demand. In such cases, the principal and joint guarantor shall bear the obligation for the prior reimbursement without objection:

1. Where he/she violates Article 4;

2. Where a ruling of seizure, provisional seizure, provisional disposition or request for auction has been made; and

3. Where a request for rehabilitation, bankruptcy, or individual rehabilitation procedure under the Debtor Rehabilitation and Bankruptcy Act is filed or entered into the liquidation;

4. When an application for personal credit recovery support to E or the procedure is in progress.

5. Where it is difficult to continue its business due to its closure, suspension of operations, etc.;

6. When the grounds for suspension of transactions occur by the bill exchange lawsuit;

7. Where the information on subrogation repayment (including substitute payment) of overdue information prescribed by the Credit Information Management Regulations of the F Federation, information related to information related to financial order, information disturbing financial order, and the grounds for registration of public record information have occurred;

8. Where a foundation receives a notification of accidents involving credit guarantee under a credit guarantee contract or a demand for the discharge of guaranteed liabilities from among creditors of credit guarantee under this agreement and other creditors of credit guarantee;

9. A corporate representative (including a real manager) and a co-manager (including a real manager) of an individual company due to the occurrence of reasons set forth in subparagraphs 2 through 4, 6, and 7 above.

arrow