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(영문) 서울고등법원 2016.09.22 2016나2046916

사해행위취소

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1. The defendant's appeal is dismissed.

2. The total cost of the lawsuit after the filing of an appeal between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. 1) Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. in the first instance trial (hereinafter “A”).

(2) The Plaintiff and each credit guarantee contract (hereinafter “each credit guarantee contract of this case”) shall be concluded between the Plaintiff and the Plaintiff as listed in the following table, and each credit guarantee contract of each sequence shall be “the first, second, and third credit guarantee contract”.

(1) The Bank and the Korean Bank (hereinafter referred to as the “Korea Bank”) shall enter into a credit guarantee agreement and obtain a credit guarantee agreement.

(F) On October 17, 2010, the Bank of Korea (F), on October 19, 2010, KRW 85 million (100,000,000,000) under the respective credit guarantee contract of this case, entered as the credit guarantee contract of this case (G Bank of Korea on November 19, 2010, KRW 500,000,000,000,000,000) on November 19, 2009, each of the above credit guarantee contracts of this case on November 14, 2014 ( KRW 68,40,000,00,000,000) and each of the above credit guarantee contracts of this case on May 17, 2011, KRW 500,505,500,000,000,000,000,000 won.

3) According to each credit guarantee contract of this case, where the Plaintiff performed a credit guarantee obligation to a financial institution, the primary debtor and the joint guarantor shall pay the amount of the performance of the guaranteed obligation and the rate determined by the Plaintiff from the date of the performance of the obligation to the date of repayment (12% per annum after December 1, 2012), additional guarantee fee, additional guarantee fee, execution and preservation of the obligation, and expenses incurred in legal procedures, etc.

B. As to the third credit guarantee contract on June 20, 2014, A, including the Plaintiff’s performance of the guaranteed liability and the collection of claims, caused a credit guarantee accident, such as the principal and body of each year, with regard to the credit guarantee contract on June 30, 2014.

The Bank of Korea No. 1, 2014