logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.07.07 2015가단201066
사해행위취소
Text

1. The assignment contract concluded on September 5, 2013 between the Defendant and B regarding the claims indicated in the separate sheet No. 1.

Reasons

1. The amount guaranteed on September 18, 2006 as the date of guarantee for the recognition of the fact of fact: (a) the period of guarantee shall be 237,500,000 March 14, 2012, June 14, 2014; (b) the period of guarantee shall be 53,550,000 on June 5, 2014; and (c) March 14, 2014.

The plaintiff entered into a credit guarantee contract between B and B operating "A" with the following contents, and B was loaned to an enterprise bank based on the credit guarantee certificate.

B. On September 12, 2013, “A” was processed in bad faith and caused a credit guarantee accident. Accordingly, on November 26, 2013, the Plaintiff paid a total of KRW 391,590,912 by subrogation to a corporate bank on November 26, 2013, and collected KRW 1,241,816 by subrogation, and the Plaintiff paid a total of KRW 393,573,070 against B. As a result, the Plaintiff has a claim for delay damages from KRW 394 for the amount of KRW 3,223,520 for the final delay damages of KRW 390,349,096.

C. B entered into a lease agreement with C and D on July 16, 2013 with a deposit of KRW 50,00,000 for the lease deposit of the 1/2 (on the entrance side) floor of the 6th floor of the building in Busan, Seo-gu, and thereafter, on September 5, 2013, B transferred the claim for the return of the lease deposit (hereinafter “the instant contract for the assignment of claims”) to the Defendant, who is the goods-price creditor against B, and around that time, the content-certified mail containing the notice of the assignment of claims reached C.

The Plaintiff is entitled to KRW 387,050,00 as a claim based on the instant credit guarantee contract. The Plaintiff filed an application for provisional attachment against the obligor B,3 obligor C, and D for provisional attachment against the foregoing lease deposit claim. On October 8, 2013, Busan District Court issued a provisional attachment order with the Busan District Court 2013Kadan5072, and the said provisional attachment order reached C and D on October 11, 2013.

E. Meanwhile, as to the above lease deposit claim as to B, the obligee Co., Ltd. was the Busan District Court 2013Kadan8853, Sept. 24, 2013; the creditor Industrial Bank of Korea was the Busan District Court 2013Kadan9716, Oct. 15, 2013; and the creditor Co., Ltd. Bank was the creditor Co., Ltd. on October 21, 2013.

arrow