사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The defendant and B of the claim are listed in the annexed list.
1. Basic facts
A. 1) The Plaintiff Co., Ltd. (Co-defendants in the first instance trial; hereinafter “A”) is a credit guarantee agreement.
) On April 19, 2007 and April 19, 2007, the same company is the Gwangju Bank Co., Ltd. (hereinafter referred to as the “Mining Bank”).
(A) In 440,000,000 won from a loan, the term of guarantee shall be fixed as of April 18, 2012 with respect to KRW 374,00,000 among them, and the term of guarantee shall be determined and fixed as of April 18, 2012 (the letter of guarantee No. 1 Credit Guarantee Agreement; hereinafter “the term of credit guarantee agreement”).
(2) On December 5, 2014, the Plaintiff concluded a credit guarantee agreement with respect to KRW 560,00,000 among them, setting the period of guarantee as until December 11, 2009 (hereinafter “Guarantee No. 2 Credit Guarantee Agreement”) and then changed the period of guarantee into KRW 476,00,000, and the period of guarantee as of April 18, 2017, respectively. < Amended by Act No. 8777, Dec. 12, 2008; Act No. 12945, Dec. 5, 2014>
3) As the Plaintiff and A obtained a loan of KRW 500,000,000 from the Industrial Bank of Korea on September 24, 2010, the Plaintiff and the same company obtained a loan from the Industrial Bank of Korea, the term of guarantee of KRW 400,000 among them shall be set up as until September 23, 2011, and a credit guarantee agreement (hereinafter “credit guarantee agreement of the instant case 3”).
(4) On September 17, 2015, the Plaintiff concluded a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with respect to KRW 162,00,000 among them, setting the term of guarantee up on September 20, 2012, and subsequently changed the term of guarantee to KRW 352,00,000, and the term of guarantee to KRW 180,000 from the Industrial Bank of Korea respectively. < Amended by Presidential Decree No. 23270, Sep. 21, 2011; Presidential Decree No. 23568, Sep. 20, 2012; Presidential Decree No. 23568, Sep. 20, 2015; Presidential Decree No. 23568, Sep. 20, 2015).
5 A fails to perform the obligation of loans under the credit guarantee agreement between the first and fourth of this case, and as a result, the Plaintiff fulfilled the obligation.