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(영문) 서울중앙지방법원 2020.04.23 2017가합586173
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff: (a) on October 23, 2009 and April 19, 2013, the Plaintiff entered into a credit guarantee agreement and joint and several sureties agreement; (b) on April 23, 2009, and (c) on April 19, 2013, the Plaintiff is omitted

(1) Each credit guarantee agreement with the following contents was concluded (hereinafter “instant credit guarantee agreement”) and each credit guarantee agreement is referred to as “each credit guarantee agreement of this case” according to the sequences, and each of the above credit guarantee agreements is referred to as “each of the credit guarantee agreements of this case.”

(2) On October 22, 2010, C, the representative director of D, guaranteed the Plaintiff’s obligation pursuant to the respective credit guarantee agreements in this case. On October 22, 2010, the creditor of the guaranteed term loan extended KRW 230,40,000 on October 23, 2009, KRW 2880,000,000,000 KRW 2880,000,000,000,000 KRW 2,000,000,000,000) obtained a loan from the Industrial Bank of Korea and E Bank, respectively, in accordance with the respective credit guarantee agreements in this case.

3) After the end, the term of guarantee of the first credit guarantee agreement of this case was seven times, and the term of guarantee of the second credit guarantee agreement of this case was changed three times each year, and it was finally extended up to October 13, 2017, respectively. (B) C and C completed a marriage report with Defendant A on April 4, 1979, and C and Defendant A completed a notarized deed on March 29, 2017 as follows (hereinafter “instant property division agreement”) and on May 11, 2017.

On March 29, 2017, the division of property agreement between C and the defendant on March 29, 2017 shall be agreed as follows:

1. C, during the marriage period from February 24, 1979 to about 38 years, recognized that the Defendant brought up two children well during the marriage period, and that the Defendant contributed to the formation and maintenance of property while working as Fschool teachers and school principals for 26 years, and each of the following real estate owned by C is the cause of division of property.

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