사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for a modification of part of the grounds of the judgment of the court of first instance as stated in paragraph (2) and a correction as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
On the second page of the judgment of the court of first instance, "the defendant who is the guarantor" shall be corrected to "D as the guarantor".
2. The changed part
A. Of the reasoning of the judgment of the court of first instance, Article 2-2(A)(A)(A) provides a guarantee for a debtor company’s obligations to the transferor company. A) The transferor bears the guaranteed obligation against the plaintiff who acquired the claim for the loan from the transferor company.
Even if G used the name of D, D bears the guaranteed obligation to the Plaintiff in accordance with the legal doctrine of expression representation.
The above guaranteed bond becomes final and conclusive by the payment order as seen earlier, and in such cases, the defendant who is the beneficiary cannot dispute the above guaranteed bond, which is the preserved bond.
A person shall be appointed.
B. The reasoning of the judgment of the court of first instance is as follows: (b) 1) D and E are changed.
G around August 13, 2015, around August 13, 2015, entered D in the column for joint and several surety for the letter of guarantee issued by an employee of the transferor company, and entered KRW 84,500,000 in the column for the limit of collateral guarantee, and forged D’s certificate of collateral guarantee under the name of D, which had been kept in advance next to D’s name.
A person shall be appointed.
C. Of the reasoning of the judgment of the court of first instance, regarding the fact that the alteration of subparagraph 2-B-2 of Article 2-2 among the grounds of the judgment, the Plaintiff’s claim to be preserved for the establishment of the 2-B-2 guaranteed claim, i.e., the guaranteed claim, is established, the evidence No. 2 cannot be used as evidence to acknowledge the establishment of the 2-B-2-2-2-2-3-2-2-3-2-3-2-3-2-3-3-3-2-3-3-3-2-3-3-3-3-3-4-3-4-