logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.10.30 2015가단110673
사해행위취소
Text

1.(a)

On June 20, 2014, the defendant and the non-party B entered in the separate sheet No. 1 list.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established to facilitate the financing of businesses by guaranteeing the obligations of companies which lack security capacity pursuant to Article 12 of the Korea Technology Credit Guarantee Fund Act.

B. On March 29, 2013, Nonparty (State) was granted a credit guarantee of KRW 255,00,000 with the guaranteed principal of KRW 255,00,000 from the Plaintiff (Tgu Technology Assessment Center) on March 28, 2014, under the credit guarantee, Nonparty (State) borrowed KRW 300,000 from the business department of the Daegu Bank of Daegu on March 29, 2013, and thereafter changed the conditions of the guarantee, the said guarantee period was extended to March 27, 2015.

(hereinafter referred to as the credit guarantee agreement in this case or the credit guarantee obligation in this case);

C. When the Plaintiff fulfilled the credit guarantee obligation of this case at the time of the credit guarantee agreement of this case, the Plaintiff and Nonparty (State)C shall pay to the Plaintiff the amount of the Plaintiff’s performance of the guaranteed obligation, the amount of the interest rate determined by the Plaintiff pursuant to Articles 34 of the Korea Technology Credit Guarantee Fund Act and Article 25 of the Enforcement Decree of the same Act from the date of the repayment of the guaranteed obligation to the date of the full payment of the guaranteed obligation, and the additional guarantee fee determined by the Plaintiff pursuant to Article 24 of the Enforcement Decree of the same Act for the amount of the Plaintiff’s non-performance of the guaranteed obligation. The expenses incurred in the Plaintiff’s performance of the guaranteed obligation of this case and the expenses incurred in the preservation, transfer, and exercise of the rights acquired by the Plaintiff, such as the insurance premium paid by the Plaintiff on behalf of the Plaintiff, the expenses incurred in the execution and preservation of the claims under the credit guarantee agreement of this case, and damages for delay in accordance with the interest rate determined by the Plaintiff [the interest rate on delay determined by the Plaintiff is 12% per annum];

arrow