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(영문) 수원지방법원 2020.10.15 2019나96669
사해행위취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

annex . of claim.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: (a) the corresponding part of the judgment of the court of first instance is dismissed as provided in paragraph (2) above; and (b) the defendant’s argument added in the trial of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, and thus, (c) it is cited in accordance with the main sentence of Article 420 of the

2. Part 3 of the judgment of the court of first instance, which was written after the trial, concluded a credit guarantee contract (credit guarantee number F; hereinafter “instant credit guarantee contract”) with “B” (credit guarantee number F; hereinafter “instant credit guarantee contract”) on the 7th column of the judgment of the court of first instance, and read “B” as “D,” respectively.

Article 3-B(2) of the judgment of the court of first instance (the last 12th or 13th 6th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e) of the judgment) is as follows. Since the beneficiary is presumed to be acting in bad faith in a fraudulent act revocation lawsuit, the beneficiary is responsible to prove his good faith in order to be exempted from his responsibility. In this case, whether the beneficiary is bona fide or not shall be determined reasonably in light of logical and empirical rules, comprehensively taking into account the following circumstances: (i) the relationship between the debtor and the defendant, and the defendant; (ii) whether the contract was established the maximum maximum amount of this case.

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