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(영문) 서울고등법원 2018.05.02 2017나2069558
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

2. Regarding each real estate listed in the separate sheet between the defendant and B.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with the non-party company C (hereinafter referred to as the “non-party company”) with respect to the goods-price obligation that the non-party company bears to the same food company (hereinafter referred to as “identical food”) and the loan obligation that the non-party company bears to the Korean bank (hereinafter referred to as “Korea Bank”), as listed below:

B as an internal director of the non-party company, as a joint and several liability for indemnity against the plaintiff of the non-party company under the credit guarantee agreement.

The term of guarantee (the extended term of guarantee) the date of guarantee (the extended term of guarantee) (the term of guarantee) the first credit guarantee amount for the loan date of the lending institution (the lending institution) on April 28, 2014 (the date of April 28, 2016) and the first credit guarantee amount of KRW 300 million on April 29, 2015 (the date of April 28, 2016) shall be December 31, 2014; and the second credit guarantee amount of KRW 300,000,000 on January 28, 2015 (the date of January 26, 2017) shall be KRW 297,500,000 (the amount of KRW 270,000,000) on January 30, 2015, Korea bank (credit) shall be KRW 20,000,0000.

B. On December 31, 2014, Nonparty Company entered into a contract for the supply of goods with the same books of food as security and received goods from the same books of food.

On January 30, 2015, a non-party company obtained a loan of KRW 350 million from the bank as collateral for the second credit guarantee letter from the bank.

C. On March 21, 2016, a credit guarantee accident occurred due to registration of overdue information, and on April 7, 2016, a final defective treatment by a credit guarantee accident of a related company was made, and thus, the company lost the benefit of each of the above obligations.

Accordingly, on May 12, 2016, the Plaintiff subrogated for KRW 108,905,226 to the Bank, and KRW 223,08,121 to the East Food on May 16, 2016.

The defendant and B were married couple on December 15, 1990.

On February 22, 2016, the Defendant filed a divorce lawsuit against B (hereinafter “instant divorce lawsuit”) with the Suwon District Court Branch No. 2016ddan30563 (hereinafter “the instant divorce lawsuit”).

B and the defendant are divorced from the court of law between the defendant and the defendant.

B The consolation money shall be 30,000.

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