logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.03.20 2014가단7158
구상금
Text

1. Part 21,087,424 of the Plaintiff’s revocation of the fraudulent act against the Defendant Deel and the claim for restitution to the original state respectively.

Reasons

1. Basic facts

A. On May 12, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A, a company established with the aim of facilitating self-sufficiency by guaranteeing the obligations of small and medium enterprises, micro enterprises, etc. in the region where the collateral security power is insufficient, and contributing to the revitalization of the regional economy. On May 12, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A, who operates C, setting the credit guarantee principal as KRW 28,00,000, and the credit guarantee term as of May 12, 2014. The Defendant B jointly and severally guaranteed the indemnity obligation owed to the Plaintiff by Defendant A

Defendant A borrowed KRW 28,00,000 from the Nonghyup Bank under the Plaintiff’s guarantee under the instant credit guarantee agreement on May 12, 2009.

B. The occurrence of a credit guarantee accident and subrogation 1) Defendant A caused a credit guarantee accident on March 15, 2013, where Defendant A was unable to repay the loan to the Nonghyup Bank. On September 9, 2013, the Plaintiff subrogated 28,970,372 won of the principal and interest of the loan to the Nonghyup Bank on September 9, 2013. (2) According to Article 10 of the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, Defendant A shall reimburse the Plaintiff for damages for delay calculated 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 expenses incurred in the preservation and exercise

3) The interest rate for delay determined by the Plaintiff pursuant to Article 10 of the Credit Guarantee Agreement is 12% per annum from the date of subrogation (as of September 9, 2013) to the date of November 14, 2014 (i.e., 28,970,372 won x 12% x 432±365). Meanwhile, the expenses incurred by the Plaintiff for the execution, preservation, etc. of the claim for indemnity against the Defendant A are 2,91,290 won. The sale of each real estate listed in the separate sheet and cancellation of the registration of the establishment of a neighboring real estate hereinafter referred to as “each real estate”).

arrow