logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.03.03 2016가단514935
사해행위취소
Text

1. The sales contract concluded on June 11, 2015 between the defendant and the non-party B on each real estate listed in the separate sheet is 180.

Reasons

1. Facts of recognition;

A. 1) Conclusion of a credit guarantee agreement 1) Non-Party C Limited Company C (hereinafter “Non-Party Company”).

B) As between the Plaintiff and the Plaintiff on October 29, 2012, the amount guaranteed is KRW 180 million (the amount guaranteed after this change is changed to KRW 162,00,000) and the guarantee period is fixed by the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement in this case”) until October 28, 2013 (the guarantee period after this change to January 28, 2016).

(B) At the time of the conclusion of the instant credit guarantee agreement, the non-party company was jointly and severally guaranteed all the obligations to be borne by the non-party company to the Plaintiff pursuant to the instant credit guarantee agreement at the time of concluding the instant credit guarantee agreement.

3) According to the credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, the non-party company and the joint guarantor lose the benefit of time due to the suspension or discontinuation of business on November 18, 2015, and the Plaintiff subrogated the non-party company to the Gwangju Bank on December 31, 2015 to the repayment date by the rate determined by the Plaintiff (12% per annum from December 31, 2015 to January 31, 2016, and 10% per annum from February 1, 2016).

(A) (Evidence 3) 2) The amount of the non-party company’s liability for indemnity calculated as of December 31, 2015, which was the date of the Plaintiff’s subrogation, is KRW 164,514,262 in total (i.e., substitute payment of KRW 162,631,97, + substitute payment of KRW 2,086,360 + recovered amount of KRW 204,075 (Evidence 7) (Evidence 7)) (i.e., the Plaintiff applied for a payment order against the non-party company and the non-party B as the Seoul District Court 2016 tea7, May 19, 2016.

arrow