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(영문) 서울남부지방법원 2018.08.28 2017가단239957

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall include all the costs incurred by the participation.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff between the parties is a mutual-aid corporation established to promote autonomous economic activities through a mutual cooperative organization between constructors and to provide various guarantees and loans necessary for the operation of construction business, and D Co., Ltd. (hereinafter “D”) is the Plaintiff’s member.

B. The Plaintiff’s establishment of a guarantee and loan transaction agreement between the Plaintiff and D (1) and D on guarantee and loan transaction agreement between the Plaintiff and D for the purpose of providing various guarantees and loans for construction works performed under D orders and loans. Since the contract term was concluded on June 19, 2008 from the date of the contract to June 19, 2008, the contract term of guarantee and loan transaction agreement was concluded on June 13, 2008, around June 13, 2008, around June 14, 2010, around June 11, 2012, and around June 10, 2014 (hereinafter “instant transaction agreement”).

2) As a representative director of D, C jointly and severally guaranteed each of the instant transaction agreements.

3) The Plaintiff filed an application for the rehabilitation of D and the right to indemnity under the instant transaction agreement. Around August 25, 2016, D filed an application for rehabilitation with the Seoul Rehabilitation Court 2016 Gohap200203. Around August 25, 2016, D lost the benefit of all kinds of obligations owed to the Plaintiff. A claim for indemnity against D based on various guarantees issued for D was subject to prior reimbursement under the instant transaction agreement. In addition, C was liable for the joint and several liability obligations owed to D for the Plaintiff under the instant transaction agreement. The number of guaranteed claims and the amount of the amount of the prior reimbursement claims guaranteed by D at the time of filing the application for rehabilitation are as follows: (i) the number of guaranteed claims owed by D for joint and several liability guaranteed by C1,75,37,282; (ii) the amount of future guaranteed claims guaranteed by D; (iii) the amount of guaranteed claims guaranteed by D; (iii) the amount of guaranteed claims guaranteed by D; and (iv) the amount of guaranteed claims guaranteed by B.