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(영문) 서울고등법원 2018.04.05 2017나2035333

사해행위취소

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1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 43,732,456 and objection thereto.

Reasons

1. Basic facts

A. Conclusion of a credit guarantee contract and joint and several sureties 1) Plaintiff’s Intervenor (hereinafter “ Intervenor”)

(A) On December 16, 2014, the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) of the first instance court (hereinafter “Co-Defendant A”), and the remaining Co-Defendants of the first instance court are also omitted from all entry in the status

A) Under the joint and several guarantee of in-house directors F’ husband B, a credit guarantee agreement is concluded between A and the credit guarantee principal of KRW 360 million and the period from December 16, 2014 to December 15, 2015, and the Korea CTR Bank Co., Ltd. (hereinafter “Korea CTR Bank”) on December 16, 2014.

2) On December 16, 2014, the Intervenor entered into a credit guarantee contract with A to the extent that the principal of the credit guarantee is KRW 540,000,000,000 as the guaranteed principal (issuance Number G) under a joint and several guarantee contract with B and the credit guarantee period from December 16, 2014 to December 15, 2015. On December 16, 2014, the Intervenor issued a credit guarantee contract with A as the guaranteed principal (issuance Number H).

3) On December 16, 2014, A borrowed a total of KRW 1.0 billion from the Korea CTR Bank as collateral. 4) On August 20, 2015, the Intervenor entered into a credit guarantee agreement with A with the credit guarantee principal of KRW 72,00,000,000 and the credit guarantee period from August 20, 2015 to August 19, 2016. On August 20, 2015, A issued a credit guarantee certificate (issuance number I) with the guarantee principal of KRW 72,00,000,000,000, out of the loans to the National Bank of Korea Co., Ltd. (hereinafter “National Bank”).

5) On August 25, 2015, A received a loan of KRW 900 million from a national bank as a collateral, and repaid all loans to the Korea C&T Bank with the said money borrowed from the national bank. (b) On December 7, 2015, A was actually closed, thereby causing a credit accident (hereinafter “instant guarantee accident”).

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