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(영문) 대구고등법원 2016.09.01 2015나1018
사해행위취소
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 to 10, 12, Eul evidence No. 3, the market price appraisal results of appraiser G and the whole purport of the pleadings.

On July 16, 2009, the Plaintiff entered into a credit guarantee agreement with an agricultural partnership (hereinafter “instant credit guarantee agreement”) with the Plaintiff during the period from July 20, 2009 to July 20, 2010 (which thereafter is extended to July 20, 2013).

B. (1) On July 20, 2009, an agricultural partnership borrowed KRW 1 billion from the branch of the Nonghyup Bank Sung-Hyng Bank on July 20, 201 to due date on July 20, 2010, and at 19% per annum, but did not pay the agreed interest and lost the benefit of time due to the failure to pay the agreed interest. (2) The Plaintiff subrogated the principal and interest of the loan to the branch of the Nonghyup Bank Sung-Hy Bank on March 29, 2013 due to the occurrence of the credit guarantee accident under the credit guarantee contract of this case.

3) The Plaintiff filed an application with the Daegu District Court for a payment order seeking payment of damages for delay as to KRW 742,930,859, a sum of the subrogated balance and damages for the agricultural partnership as a result of the Daegu District Court’s Mapo-gu 2011, and the remainder of subrogated amount of KRW 730,443,281, and the payment order issued on May 28, 2013 became final and conclusive on June 14, 2013. (C) On December 20, 2011, the agricultural partnership formed a construction contract and completed the building. On December 20, 2011, the Plaintiff filed an application with the Defendant for payment order for damages for delay as to KRW 742,930,859, a sum of subrogated balance and damages for the agricultural partnership, and the remainder of subrogated amount of KRW 730,443,2573.5 square meters (hereinafter “instant land”).

(C) the real estate stated in the attached Form, such as neighborhood living facilities, warehouses, business facilities, etc. (hereinafter referred to as “instant building”).

) During the contract for a new construction project, the date of commencement shall be December 29, 201; the date of completion shall be May 31, 2012; the date of completion shall be 1,936,00,000 won (the supply price shall be KRW 1,760,000,000,000,000,000; and

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