logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.01 2017가단5005139
사해행위취소
Text

1. As to KRW 94,371,572 and KRW 91,149,982 among the Plaintiff, Defendant A’s year from December 19, 2016 to March 10, 2017.

Reasons

1. Basic facts

A. (1) On June 1, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A, Defendant A, a Co., Ltd., Ltd. (hereinafter referred to as “Nonindicted Bank”).

(2) At the time of the credit guarantee agreement in this case, the Defendant A agreed to pay the Plaintiff the amount paid by the Plaintiff for the performance of the guaranteed obligation in accordance with the credit guarantee agreement in the event that the Plaintiff fulfilled the guaranteed obligation in accordance with the credit guarantee agreement in this case. ① The amount paid by the Plaintiff for the performance of the guaranteed obligation, ② the expenses paid by the Plaintiff for the performance of the guaranteed obligation, ③ the expenses paid by the Plaintiff for the preservation, transfer, and exercise of the claim acquired by the Plaintiff for the performance of the guaranteed obligation, ④ the expenses paid by the Plaintiff for the preservation, transfer, and exercise of the obligation, ④ the unpaid guarantee fee, additional guarantee fee, and overdue charge.

B. (1) Defendant A did not pay interest after July 12, 2016. On September 2, 2016, Defendant A lost the benefit of the loan due to the non-smoking of a non-smoking obligee, the non-party bank notified the Plaintiff of a credit guarantee accident on this ground. Accordingly, on December 19, 2016, the Plaintiff performed the guaranteed obligation by subrogation of the non-party bank KRW 91,149,982.2) Of the legal procedure costs incurred by the Plaintiff for preserving the claim for reimbursement, the outstanding amount is KRW 3,221,590.

3) As to the amount of subrogation, the rate of delay damages determined by the Plaintiff is 12% per annum from December 19, 2016. C. Defendant A’s property disposal (i) concluded a mortgage agreement with Defendant B on December 14, 2015 with regard to each of the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the sole property. Defendant A concluded a mortgage agreement with Defendant B (hereinafter “instant mortgage agreement”) on December 14, 2015, and Defendant B with the Goyang-gu District Court Senior District Court, Yangyang-dong Branch, 248458, which received on December 22, 2015, causing maximum debt amount to be 60 million won.

arrow