logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.20 2020가단540246
사해행위취소
Text

Of the instant lawsuits, the Plaintiff and the Defendant concluded on April 26, 2019 regarding the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor’s Intervenor’s claim 1) The Plaintiff’s Intervenor’s Intervenor Company C (hereinafter “Nonindicted Company”) on January 17, 2018.

B) The credit guarantee agreement between the Plaintiff and the Nonparty Company’s financial institution (hereinafter “instant credit guarantee agreement”) providing a credit guarantee agreement between the effect that the debt owed to the Nonparty Company to the financial institution is determined and guaranteed as of January 17, 2023 by the guaranteed principal and the guaranteed term (hereinafter “instant credit guarantee agreement”).

(D) The non-party company entered into a credit guarantee agreement, and the non-party company is a company D (hereinafter referred to as “D”).

(2) Meanwhile, according to the credit guarantee agreement of this case, where the Plaintiff’s Intervenor performed the guaranteed obligation, the obligor under the said guarantee agreement provides the Plaintiff’s Intervenor with the amount paid by the Plaintiff’s Intervenor for the performance of the guaranteed obligation, damages for delay in accordance with the rate determined by the Plaintiff’s Intervenor from the date of subrogation to the date of repayment, expenses paid by the Plaintiff’s Intervenor for the performance of the guaranteed obligation, expenses paid by the Plaintiff’s Intervenor for the transfer and exercise of the right acquired by the Plaintiff’s Intervenor as the performance of the guaranteed obligation, unpaid guarantee fees, additional guarantee fees, and overdue guarantee fees

3) At the time, A jointly and severally guaranteed the obligation for reimbursement under the instant credit guarantee agreement against the Plaintiff of the non-party company. 4) The non-party company paid interest on the loan on April 16, 2019, and subsequently failed to repay the interest on the loan. On July 18, 2019, the non-party company lost the benefit of time on the ground of delinquency in paying the principal and interest on the loan.

5. On November 20, 2019, the Plaintiff’s Intervenor subrogated 30,386,846 won of the principal and interest of the above loan to D on behalf of November 20, 2019, and thereafter 429,309 won was recovered to have the claim for reimbursement of KRW 29,957,537 at present.

On the other hand, the Plaintiff’s Intervenor has a claim for the final damages of KRW 202 due to the partial recovery of the aforementioned amount of reimbursement, and currently has the claim for reimbursement.

arrow