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(영문) 서울고등법원 2015.04.29 2014나2001971

사해행위취소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

In the judgment of the first instance.

Reasons

1. The reasons for the court's explanation concerning this case are as follows, except for the addition of the decision to be seen in Paragraph 2 and the following, the part of the reasoning of the judgment of the court of first instance as to the defendant is as stated in the main sentence of Article 420 of the Civil Procedure Act.

The “Defendant F” shall be removed from the “Defendant F” among the reasons for the judgment of the first instance court, and the “Defendant F” shall be removed from the “Defendant”, and the “real estate listed in the attached Table No. 1” shall be removed from the “Defendant” in front of the trade name or name of the codefendants of the first instance court.

From the 7th bottom to the 2nd bottom from the 9th "in the case of the claim for reimbursement", "A shall enter into a credit guarantee agreement of KRW 360,000,000 with the Plaintiff on March 5, 2008 and the amount of security deposit of KRW 400,000 with the new bank on March 2, 2012. It is recognized that a credit guarantee agreement of KRW 360,00,000 with the Plaintiff on March 2, 2012 is the same as the basic legal relationship. Accordingly, each credit guarantee agreement between the Plaintiff and A can be deemed the same as the basic legal relationship. Accordingly, the credit guarantee agreement between the Plaintiff and A and the credit guarantee agreement between April 22, 2008 and the case of the claim for reimbursement arising from the credit guarantee agreement of KRW 360,00,000 with the credit guarantee agreement of April 7, 2011."

Part 8-5 "The fact that there is no evidence to know the financial status of Defendant A around February 24, 2012 at the same time" means "the fact that there is no evidence to prove that A's financial standing has deteriorated to the extent that it could have been predicted that the Plaintiff's claim for indemnity was incurred in the near future based on each credit guarantee agreement at the time of February 24, 2012," "the new financial standing has been deleted" in the same 6th place, and "the credit guarantee agreement dated December 22, 2008 and the credit guarantee agreement dated April 7, 2011" in the same 11-12th place.