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(영문) 서울고등법원 2021.01.28 2020나2022054 (1)
사해행위취소
Text

Of the judgment of the first instance, the part against the defendant shall be revoked.

The plaintiff's claim against the defendant is dismissed.

The plaintiff.

Reasons

1. Basic facts

A. On September 22, 2016, the Plaintiff entered into a credit guarantee agreement between the Non-Party Education Center and the Non-Party Education Center to guarantee a loan to the F Bank of the Non-Party Education Center, and issued a credit guarantee.

The Non-Party Education Institute submitted a credit guarantee to F Bank and borrowed KRW 260,000,00.

B. On April 27, 2017, the Plaintiff entered into a credit guarantee agreement with the Non-Party Education Center to guarantee the obligation to the Korea Development Bank, and issued a credit guarantee certificate.

Non-Party Education Institute submitted a credit guarantee to the Korea Development Bank and borrowed KRW 700,000,00.

(c)

On December 27, 2018, the Non-Party Education Board lost the benefit of each due date due to the default of interest on the above loans against the Korea Development Bank on the interest rate of the loans against the F Bank on March 1, 2019.

(d)

On April 4, 2019, the Plaintiff repaid the Korea Development Bank KRW 638,247,548, and the F Bank KRW 213,857,658, respectively, on May 15, 2019.

E. The Plaintiff filed an order for reimbursement with the Daegu District Court No. 2019 (16369) to the Plaintiff, and the Nonparty Educational Institute received an order to pay the Plaintiff KRW 654,795,472 and delayed damages.

The above payment order was finalized on November 7, 2019.

F. On August 24, 2018, on the grounds of the agreement to establish a right to collateral security (hereinafter “instant agreement”) for each aircraft listed in the attached list, Nonparty Education Institute: (a) completed the registration of establishment of a right to collateral security (hereinafter “instant right to collateral security”) in the Defendant’s future on September 4, 2018; (b) on the ground that the instant agreement was entered in the attached list (hereinafter “instant agreement”); (c) the fact that there is no dispute over the establishment of a right to collateral security established as above; (d) each entry in the attached list Nos. 1 through 7, and the purport of the entire pleadings; and (e) the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s Plaintiff’s Educational Institute was subrogated to the Plaintiff.

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