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(영문) 서울고등법원 2016.04.07 2015나2043163

사해행위취소

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. On February 4, 2010 ( February 14, 2013), the Industrial Bank of Korea of Small and Medium Enterprise Fund Loans on August 13, 2010 (68,000,61,200,000 (61,200,000) Industrial Bank of Korea of Small and Medium Enterprises Loans on August 14, 2010 (61,200,000) of the term of guarantee principal (the changed amount) within the period of guarantee (the extended period) on the date of entering into a credit guarantee agreement, such as the conclusion of the Plaintiff’s subrogation, etc. (the changed amount) of the guaranteed principal (the extended amount) by a financial institution (the extended period). < Amended by Presidential Decree No. 19500, Aug. 13, 2010; Presidential Decree No. 17000, Aug. 14, 200; Presidential Decree No. 17004, Feb. 14, 2013>

(B) enter into each credit guarantee agreement as described below (hereinafter referred to as the “instant credit guarantee agreement”).

D) Each of the financial institutions in question (hereinafter referred to as “instant loan”) upon obtaining a credit guarantee certificate under the instant credit guarantee agreement

(2) On September 15, 2012, C and E provided a joint and several surety for the performance of all obligations that D owes to the Plaintiff under the instant credit guarantee agreement. (3) D lost the benefit of time due to delinquency in payment of interest on the instant loan. The Plaintiff paid to the Bank the principal and interest of 85,849,897 won on November 28, 2012, and the principal and interest of 185,891,151 won on the same day to a national bank, respectively, in accordance with the instant credit guarantee agreement.

3) On August 12, 2013, the Plaintiff filed a claim for reimbursement against D, C, and E (Seoul Central District Court Decision 2013Da5027841) and rendered a favorable judgment against the Plaintiff that “D, C, and E jointly and severally agreed to the Plaintiff = KRW 271,431,51,512 of the principal and interest of the loan of this case subrogated to the Plaintiff = KRW 534 of the amount of the principal and interest of this case subrogated to the Plaintiff: KRW 1,301,100 of the recovered amount; and the delay damages therefor shall be paid.” The above judgment became final and conclusive around that time. (b) C’s real estate disposal, etc.) as of December 28, 2011, as indicated in attached Table 1 (hereinafter “land donation contract”).