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(영문) 서울고등법원 2020.01.15 2019나2022416
구상금 등 청구의 소
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim for the revocation of each fraudulent act on June 21, 2016 regarding the agreement to establish a right to collateral security as of June 21, 2016 and the agreement to sell and purchase the real estate as of October 24, 2016, listed in the separate list No. 438201 shares among the real estate listed in paragraph (1) of the separate list No. 1 as the principal lawsuit, and the Defendant filed a claim for the revocation of the fraudulent act as of February 17, 2017 regarding each of the instant real estate as a counterclaim. The first instance court accepted both the Plaintiff’s principal lawsuit and the Defendant’s counterclaim.

As to the plaintiff's counterclaim, the defendant appealed on June 21, 2016 concerning each of the instant real estate among the plaintiff's principal claim, and thus, the judgment of the court is limited to the claim for the revocation of the fraudulent act of the contract to establish a mortgage as of June 21, 2016 concerning each of the instant real estate and the claim for the revocation of the fraudulent act of the defendant's counterclaim as of February 17, 2017.

2. Facts of recognition;

A. (Change) Guarantee principal (Extension) on the date of a credit guarantee agreement between the Plaintiff and A, which is the date of a credit guarantee agreement between the Plaintiff and A, the letter of guarantee (Extension) No. 892,500,000 (83,000,000) April 17, 2014 ( April 14, 2017) of the Bank of Korea loan of small and medium enterprises at the Industrial Bank of Korea (hereinafter “the first credit guarantee agreement”) (hereinafter referred to as “the first credit guarantee agreement”).

2. On May 21, 2013, 306,000,00 (195,50,000) (195,50,00) the Industrial Bank of Korea’s financial loans to small and medium enterprises (20 May 19, 2017) (hereinafter “the second credit guarantee agreement”).

3. The third credit guarantee agreement on May 20, 2016, on May 20, 2017, F G G Co., Ltd.’s commercial security guarantee (hereinafter referred to as “third credit guarantee agreement”).

4. The fourth credit guarantee agreement on May 19, 2017, HI Co., Ltd. (hereinafter referred to as the “fourth credit guarantee agreement”) is a credit guarantee agreement on May 20, 2016.

5 August 26, 2016, 40,000,000, 5th May 10, 2017.

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