logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.26 2014가합592795
사해행위취소
Text

Defendant A, B, and C jointly and severally for the Plaintiff KRW 245,654,149 and KRW 244,605,280 among them.

Reasons

1. Basic facts

A. A. On June 10, 2010, the Plaintiff is a credit guarantee agreement and joint and several sureties A. (hereinafter “Defendant A”).

The Defendant A entered into a credit guarantee agreement with Defendant A on June 9, 201 (hereinafter “instant credit guarantee agreement”) with respect to Defendant A’s obligations to the Industrial Bank of Korea (the estimated loan amount of KRW 300 million) for the credit guarantee number E, the guaranteed amount of KRW 255 million (the change of KRW 250 million thereafter) and the guarantee term until June 9, 2011 (the extension to December 5, 2014). Defendant B, the representative director of Defendant A, and Defendant B’s relatives, who were directors of Defendant A, were jointly and severally and severally liable for the Plaintiff’s obligations (hereinafter “instant credit guarantee agreement”).

(2) According to the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A shall pay to the Plaintiff the amount of the guaranteed obligation, damages for delay at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, and legal procedure expenses incurred in exercising or preserving the claim for indemnity.

The rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012.

3) Defendant A was granted a loan from the Industrial Bank of Korea as security. B. The occurrence of a credit guarantee accident issued by the Plaintiff and the Plaintiff’s subrogation 1) Defendant A lost the benefit of the loan due to overdue interest, etc. on September 5, 2014, and the Plaintiff repaid the loan amount of KRW 244,605,280 to the Industrial Bank of Korea on October 31, 2014, in lieu of the Defendant A pursuant to the instant credit guarantee agreement.

2) The remainder of the legal procedure cost incurred by the Plaintiff in relation to the instant credit guarantee agreement is KRW 1,048,869. C. Defendant C, who created a right to collateral security with Defendant C, on October 16, 2014, is the real estate indicated in the separate sheet with Defendant D (hereinafter “instant real estate”).

As to 22/24 of the shares owned by Defendant C, the collateral security contract with Defendant D, obligor G, and maximum debt amount of KRW 900 million (hereinafter referred to as “mortgage”).

arrow