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(영문) 광주고등법원 2016.11.04 2015나13392
사해행위취소
Text

1.The part against the defendant in the judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff concluded a credit guarantee contract with A (the co-defendant of the first instance trial; hereinafter referred to as “A”) on three occasions, including May 30, 201, June 14, 2011, and November 13, 2012, and issued a credit guarantee certificate. The Plaintiff, a representative director of A (the co-defendant of the first instance trial) jointly and severally guaranteed the Plaintiff’s obligation under the said credit guarantee contract.

B. A provided the said credit guarantee certificate as security and received a loan of KRW 785,00,000 from the Industrial Bank of Korea (hereinafter “Corporate Bank”), and KRW 85,000,000 from the Gwangju Bank (hereinafter “Mining Bank”). From February 28, 2013, the Plaintiff discontinued the business on March 31, 2013, and the Gwangju Bank notified the Plaintiff of the occurrence of each credit guarantee accident on May 3, 2013.

C. Accordingly, on May 16, 2013, the Plaintiff paid each of the principal amounting to 793,047,878 won (=602,00,000 won + interest of 7,010,000 won) 191,037,556 won (i.e., principal amounting to 190,000,000 won) (i.e., interest of 190,037,556 won) to the Enterprise Bank on May 23, 2013), and paid each of the principal amounting to 85,362,356 won to the Gwangju Bank on May 23, 2013 (i.e., principal amounting to 85,00,000,000 won with interest of 362,356 won).

B on February 22, 2013, the Defendant sold each patent right listed in [Attachment 1](1) through (4) to the Defendant, and completed the registration of transfer of each right on February 28, 2013.

E. On February 22, 2013, A sold each of the patents, design rights listed in paragraphs (5) and (7) of attached Table 1, trademark rights listed in paragraph (8), and gold model listed in attached Table 2 in attached Table 1, to the Defendant. On February 28, 2013, A completed the registration of transfer of each of the above patent rights, design rights, and trademark rights, and then delivered each of the above gold model around that time.

G. At the time of each of the above sales contracts, A and B did not have any other property than each patent right, design right, trademark right, and gold set forth in attached Tables 1 and 2, and the sales price of the said property was KRW 50,000,000 in total.

[Reasons for Recognition] There is no dispute, Gap 1 to 1.

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