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서울고등법원 2011.04.22 2009나112949

사해행위취소 등

Text

1. The plaintiffs' appeal against the defendants and the second preliminary claim added in the trial are all dismissed.

2.(a)

Reasons

1. The facts subsequent to the facts of recognition may be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings in the entries of Gap evidence 1 to 6, Gap evidence 11 to 14, Eul evidence 1 to 4, Eul evidence 9, 12 and 14.

(1) On November 1, 2003, Defendant D entered into a lease agreement with Defendant C and Seoul Special Metropolitan City, Nowon-gu, to lease the first floor funeral hall of the H Hospital’s underground floor located in the Seoul Special Metropolitan City, Nowon-gu for two years from November 1, 2003 to October 31, 2005 (hereinafter “instant lease agreement”).

A) Around that time, Defendant C paid KRW 2 billion to Defendant C. (2) Around December 1, 2004, Defendant F entered into a lease agreement with Defendant C to rent KRW 3 billion (2 billion in the territorial house, KRW 1 billion in the attached restaurant, and KRW 1 billion in the attached restaurant) on the second-story funeral hall (permanent house, and the attached restaurant) of the I Hospital located in the Goyang-si P on December 1, 2004 at the lease deposit amount of KRW 3 billion (2 billion in the territorial house, KRW 1 billion in the attached restaurant).

(hereinafter “instant lease agreement”). B.

On November 1, 2005, Plaintiff D and F loaned KRW 500 million to J as interest rate 2.5%. Defendant D guaranteed Defendant D’s above loan obligation to Plaintiff D. The J did not pay interest after January 5, 2007 to Plaintiff D. (2) On December 1, 2004, Plaintiff A lent KRW 500 million to Defendant F as interest rate 2.5% and due date on December 1, 2006. Plaintiff B lent KRW 50 million to Defendant F as interest rate 1% and due date on December 1, 2006. Defendant F loaned to Defendant F as interest rate 1% and due date on December 1, 2006. Defendant F did not pay interest or delay damages to the Plaintiffs after January 1, 2007.

C. Defendant D and F’s repeated transfer of the lease deposit(1) Defendant F is the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) under Defendant D’s joint and several surety on April 4, 2005, under the Korea Exchange Bank (hereinafter “Korea Exchange Bank”).

Defendant D and F obtained a loan of KRW 3 billion from the foreign exchange bank, in order to secure the above loan obligations, the first, second, February 1, 200.