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(영문) 대구지방법원 2016.06.09 2015나309108
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

The first instance court.

Reasons

1. Basic facts

A. A. Around July 17, 2012, the Plaintiff loaned KRW 200 million operating funds of the hospital to a medical corporation, a co-defendant of the first instance trial, E (hereinafter “E”) on July 16, 2013. At the time, the Plaintiff agreed to be paid KRW 600,000 per month by adding both the Plaintiff and the Plaintiff’s father’s bonus and the Plaintiff’s interest on the said loan to E.

B. On July 1, 2014, E repaid KRW 100 million out of the principal to the Plaintiff. From July 18, 2012 to November 17, 2014, E did not pay KRW 168,00,000 (including interest) paid for 28 months (i.e., KRW 6,00,000 x 28 months) out of KRW 105,788,666 (i.e., KRW 8,00,000,000 in 2012) (i.e., KRW 77,096,160 in 20,692,50 in 20,696) and did not pay the remainder of KRW 62,211,34 won (=168,000,000 in - 105,78,666).

C. D, a co-defendant of the first instance trial, on March 22, 2014, jointly and severally guaranteed the Plaintiff’s above loan amounting to KRW 200 million.

(hereinafter referred to as the "joint and several sureties of this case"). [Ground for recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 5 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination as to the claim against Defendant C

A. Defendant C, on March 22, 2014, has jointly and severally guaranteed the Plaintiff’s loan of KRW 200 million to the Plaintiff, interest, and wage obligation, and thus, Defendant C is obligated to pay the balance of the principal and interest of the loan and the amount of damages for delay as well as 162,211,34 won.

B. If the stamp image of the person signing the document affixed with the signature affixed to the document 1 document is affixed with his seal, barring any special circumstance, the authenticity of the document shall be presumed to have been created, i.e., the act of affixing the seal, based on the will of the person signing the document, barring any special circumstance. Once the authenticity of the stamp image is presumed, the authenticity of the document shall be presumed to have been created. However, if it is verified that the act of affixing the seal was done by a person other than the person signing the document, the document presenter is legitimate and delegated by

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