(영문) 부산고등법원 2020.01.08 2019나53429

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Reasons

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(영문) 부산고등법원 2020.01.08 2019나53429

사해행위취소

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1. The judgment of the court of first instance is modified as follows.

As of December 19, 2014, concluded between the defendant and C.

Reasons

1. The reasons why the court should explain this part of the facts are as follows: (a) the "no matter" of the first instance judgment No. 4, No. 20 is dismissed as "all"; and (b) the 5, No. 4, and No. 10 are the same as the corresponding part of the grounds of the first instance judgment (No. 2, No. 7, and No. 5, No. 15) except that the 5, No. 4, and No. 5, No. 420, No. 420 of the Civil Procedure Act are cited as it is.

“2) The representative director H and C of the Defendant: (a) supplied goods to G on December 1, 2017; and (b) the price is paid from G on the last day of the month following the supply of the goods to G; (c) C is jointly and severally and severally guaranteed the obligation for the payment of the goods in question in G; (d) A, AB, and AC provides the Defendant with the entire stocks in its name as security “A” (Evidence No. 26: Provided, That the date of preparation shall be written retroactively on December 19, 2014) and obtained certification for the said agreement at the office of notary public AD on December 11, 2014 of the same year.

(C) On January 28, 2015, before obtaining letter certification, the Defendant’s representative director H entered into a joint and several guarantee agreement with the Defendant that “A and X” under the above agreement provides that “A and X shall stand as a joint and several guarantee for the Defendant’s goods payment obligations against the Defendant in the future, i.e., the following: “C and X shall stand as a joint and several guarantee for the Defendant.”

(hereinafter referred to as the above joint and several guarantee contract is the third joint and several guarantee contract of the case.

2. The court's explanation of this part of the judgment on this issue is identical to the corresponding part of the reasoning of the judgment of the court of first instance (Articles 5, 17, and 6, No. 19 of the judgment of the court of first instance). Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The assertion and judgment

A. The Plaintiff’s assertion 1) Joint and Several Guarantee Contract of this case is the Plaintiff’s shares owned C.

참조조문

-민사소송법 제420조

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