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(영문) 광주고등법원 2019.05.17 2018나23161

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 14, 2009, the Plaintiff entered into a credit card subscription agreement with D Co., Ltd. (hereinafter “D”) and issued credit cards to D, and entered into each of the instant lending contracts (hereinafter “each of the instant lending contracts”) five times between D and D from April 23, 2013 to June 2, 2016.

C, the representative director of D, has jointly and severally guaranteed the credit card payment obligations to the Plaintiff and the loan obligations under each of the loan agreements of this case.

B. From November 23, 2016, D began to delay interest, etc. on loans under each of the instant loan contracts. From December 21, 2016, D delayed payment of credit card payments and loss of all of its interest. On February 21, 2017, D’s remaining amount of loans to D as of February 21, 2017, credit card payments and C’s joint and several guarantee amount are as listed in the following table. The total amount of deposit obligations owed to the Plaintiff by C within the scope of joint and several guarantee amount is KRW 486,430,178 (i.e., KRW 57,60,000 (= KRW 12,000,000) and KRW 90,000,000, KRW 213,498,585,000, KRW 54,000, KRW 531,5393).

Serial 23, 100,000 won (1,812,927) 12,00,00 won on April 23, 2013, 2016, 12,000 won (1,812,927 won) 12,00,000 won on July 26, 2013, 207, 240, 60,000 won on December 24, 2016 (4, 7, 7, 7,000, 7, 7,000 won on 20,000, 63,000 won on 24, 205, 6, 7,000 won on 5,00 won (4,758, 680, 680, 680 won on 6, 300,000 won on 4, 200,005

C. On the other hand, C around April 6, 2015, with a view to repaying KRW 300,000,000 borrowed from the Defendant around April 6, 2015, as between the Defendant and C, respectively.