logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.04.26 2012나69564
사해행위취소 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s loan and C’s joint and several sureties 1) on October 30, 2008, the Plaintiff Co-Defendant A Co-Defendant A corporation of the first instance trial (hereinafter “A”).

(2) On October 23, 2009, the Plaintiff extended KRW 500 million to the Co-Defendant B (hereinafter “B”) of the first instance court on October 30, 201 (hereinafter “the due date”) for the loan extended on October 30, 2009, and C jointly and severally guaranteed the above loan obligations. As of July 28, 201, the above loan was the principal amount of KRW 500 million, interest and delay damages, KRW 70,842,816. (2) As of October 23, 2009, the Plaintiff borrowed KRW 300 million to the Co-Defendant B (hereinafter “B”) of the first instance court on October 30, 201, and C jointly and severally guaranteed the above loan obligations, and as of July 28, 201, the principal amount of the loan was the principal amount of KRW 283,823,527 and interest and delay damages, KRW 427,296Da2769.

B. C’s disposal of property 1) Defendant’s loan and C’s joint and several sureties on June 26, 2009, the repayment period of KRW 2 billion to A on June 26, 2012, and the repayment method of KRW 500 million out of the loan shall be repaid within one year and the remainder of KRW 1.5 billion shall be repaid in installments for two years (hereinafter “instant loan”), and the loan was transferred from A for the security.

B) On June 26, 2009, C, the representative director of A, jointly and severally guaranteed the instant loan obligation up to the limit of KRW 2.4 billion. 2) Upon A’s request, the Defendant: (a) took the repayment method of the instant loan as KRW 100 million on June 26, 2010; and (b) changed the repayment method into the repayment method as KRW 100 million on July 30, 2010; and (c) divided into two years and repaid the remainder of KRW 1.8 billion on a two-year basis; and (d) entered into a mortgage agreement with C on June 28, 2010 as to the real estate listed in [Attachment 1] List of Real Estate (hereinafter “instant first mortgage agreement”).

(B) On the same day, the Defendant completed the registration of creation of a neighboring mortgage with the Defendant as the debtor, and the Defendant as the mortgagee. (b) The Defendant did not repay the amount of KRW 225 million of the installment repayment of the instant loan that became due September 26, 2010.

arrow