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(영문) 부산고등법원 2018.07.05 2017나59171
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against Defendant B is modified as follows.

Attached list between Defendant B and D.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “E”) entered into a credit guarantee contract

D) As indicated below, each credit guarantee agreement between the Plaintiff and E (hereinafter “instant credit guarantee agreement”) was concluded to guarantee the performance of each obligation to repay loans to the Bank of Korea (PP). D is each credit guarantee agreement between the Plaintiff and the Plaintiff as listed below Nos. 1 and 2 (hereinafter “instant credit guarantee agreement”).

(E) the contract for joint and several sureties of the E’s debt to the Plaintiff (hereinafter “instant joint and several sureties contract”).

(1) On August 28, 2011, the term “the term “the term of “the term of “the term of “the term of “the term of “the term of “the term of “the term” under the term of “the term of “the term of “the term of “the term of “the term” under the term of “the term of “the term of “the term of “the term” under the term of “the term of “the term of “the term of “the term” under the term of “the term of “the term of “the term of “the term” under the term of “the term of “the term of “the term of “the term” under the term of “the term of “the term” under the term of “the term of “the term of “the term of “the term” under the term of “the term of “the term of “the term” under the term of “the term of “the term” under the term of “the term” under the term of “the term” under the term of “the term” under the term of “the term” under”.

B. The occurrence of the instant guarantee accident and the Plaintiff’s subrogation E, from May 30, 2015, did not pay interest, etc. on the Industrial Bank of Korea and caused a credit guarantee accident on November 30, 2015 (hereinafter “instant guarantee accident”). Accordingly, on January 27, 2016, the Plaintiff subrogated for KRW 858,301,08 in total to the Industrial Bank of Korea as indicated below.

The sum of principal and interest on the types of small and medium enterprise loans 170,000,000 1,676,636 171,676,636,636 25,000 2,493,205 257,493,205 3 small and medium enterprise loan loans 425,000,000 4,131,247,131,247,247

C. 1) D’s gift, etc. of each real estate listed in the separate sheet of D on October 2, 2015, immediately before the occurrence of the instant guarantee accident, on October 2, 2015, to Defendant B, one’s own wife, as indicated in the separate sheet (hereinafter “each of the instant real estate”). When each of the instant real estate has been acquired, “the instant real estate 1 through 3” in the order of entry in the separate sheet.

(2) The contract to donate the gift of this case (hereinafter “instant donation contract”).

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