사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasons why the court stated this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, except as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The following shall be added to 2 pages 14 of the judgment of the first instance.
Article 6 (Prior Reimbursement) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the new notice, even if there is no notice or peremptory notice from the new notice:
(b)
9.(2) The above credit guarantee agreement provides for prior recourse as follows when a new credit guarantee is notified or requested to discharge a surety obligation by any of the creditors of credit guarantee and other creditors of credit guarantee under this agreement.
The judgment of the first instance court 2nd 15th 15th 2th 2th 2th 3th 3th 200.
Each "this Court" in the judgment of the court of first instance shall be construed as the "court of the first instance".
2. Determination
A. 1) The existence of a preserved claim may be the preserved claim of the obligee’s right of revocation in light of the above legal principles (see, e.g., Supreme Court Decisions 97Da3434, Oct. 28, 1997; 2017Da218437, Aug. 24, 2017). However, in light of the above legal principles, the instant sales contract between B and the Defendant was concluded on March 12, 2018, prior to the occurrence of the Plaintiff’s claim for reimbursement against B, although it is necessary to deem it a fraudulent act as a matter of principle, there was a high probability that the claim is established in the near future.