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(영문) 의정부지방법원 2020.09.01 2018가단128135

사해행위취소

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 25, 2014, the Plaintiff’s first joint and several surety (hereinafter “first joint and several surety”) received a request from D to grant a loan of KRW 30,000,000 from D. The Plaintiff jointly and severally guaranteed the Defendant’s obligation of KRW 10,000,000 for each of the Defendant’s loans to E, stock companies, F, and G on June 27, 2014 (hereinafter “first joint and several surety”). Since D did not repay the above loan obligation, the Plaintiff paid KRW 10,000,000 for each of the above loans companies on March 17, 2016, and repaid KRW 30,000,000 in total with the Plaintiff’s loans of KRW 10,000 from D on August 3, 2015, the Plaintiff received a request to obtain a loan of KRW 100,000,000 from D, and the Plaintiff received a joint and several surety for KRW 10,000.

(2) On March 17, 2016, the Plaintiff paid KRW 10,000,000 to the lending company on March 17, 2016.

C. Around October 15, 2015, the Plaintiff paid 904,220 won for unpaid communications charges on October 16, 2015 to the Plaintiff.

As a result of a criminal case against D, the Plaintiff filed a complaint against D on the ground that: (a) the Plaintiff did not have the intent or ability to repay; (b) the Plaintiff had the Plaintiff sign the first and second joint and several surety; and (c) had the Plaintiff pay the communications fees on behalf of the Plaintiff; and (d) on February 3, 2017, the Seoul Central District Court sentenced the Defendant to a one-year imprisonment with prison labor for the criminal facts of the attached Form, including the first, second joint and several surety, and the payment of the communications fees, in the fraud case.

Accordingly, D appealed (Seoul Central District Court 2017No787 fraud case), and the appellate court on May 26, 2017 found the charge of the first joint and several sureties, and found the guilty of the second joint and several sureties.