사해행위취소
1. Revocation of the first instance judgment.
2. Paragraph 1 of the attached Table entered into between the defendant and C.
1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the following parts, and thus, citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Up to 7 pages 1 through 12 of the judgment of the court of first instance shall be completed in the following manner:
1) A) The fact that the establishment of the preservation claim E is a construction company and a financial institution that the Plaintiff provided the Plaintiff’s land as collateral and pays the Plaintiff KRW 2,700,000,000 to the Plaintiff for the use of the loan. The fact that C signed and sealed on the payment angle, and the fact that the Plaintiff was confirmed to receive payment order against C on August 19, 2010 is as seen earlier.
Therefore, according to the above facts of recognition, C is obligated to pay KRW 2,700,000 to the Plaintiff as a joint and several surety for the obligation owed by E to the Plaintiff according to the letter of payment in this case, unless there are special circumstances.
B) Whether the statement of this case’s refusal of payment was invalid as a false declaration of conspiracy with the Defendant (1) 3-1 and 2’s formal evidence evidence submitted by the Defendant on July 11, 2012, the “written statement of confirmation of facts and the statement of confirmation of invalidity of the guaranteed liability of KRW 2.7 billion” (No. 3-1, 200, hereinafter “written statement of confirmation of invalidity”).
) The purport that both the instant payment note and the joint and several sureties note are false bonds which are null and void, and each of the last parts includes the Plaintiff’s name and the Plaintiff’s seal is affixed thereto. On the other hand, the Defendant’s submission of the “written statement of joint and several sureties” (No. 3-2 and hereinafter “Amended joint and several sureties note”).
Along with the lower part of the joint and several sureties of the instant joint and several sureties, the part stating, “The foregoing deed was a document prepared on April 17, 2012 by limited use in the N Auction case of the Gwangju District Court’s Netcheon Branch, and as a dividend recipient, was additionally added.”