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(영문) 부산고등법원 2021.01.21 2020나52668
사해행위취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

1. Basic facts

A. 1) The Plaintiff is a non-profit special corporation established under the Credit Guarantee Fund Act to contribute to the balanced development of the national economy by ensuring the company’s financing smooth by guaranteeing the company’s debts with weak collateral ability but with good credit standing.

2) The Co-Defendant A Co-Defendant A Co., Ltd. in the first instance trial (hereinafter “A”) is a company that runs the manufacture and wholesale business of Content processing, wholesale business, steel and non-refus wholesale business, etc. The Co-Defendant B Co-Defendant B in the first instance trial (hereinafter “B”) is a representative director or a representative director from the time of its establishment of A, and the Defendant is a co-defendant in the second instance.

B. Plaintiff B’s indemnity claim 1) A entered into each credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with the Plaintiff as indicated in the following table, and received loans from the Industrial Bank of Korea as security of the credit guarantee guarantee under each of the credit guarantee agreements of this case issued by the Plaintiff.

On April 14, 2015 (No. 12, 2016) (No. 28,800,000 (No. 26,400), (24,800,00) (No. 24,800), which was determined by the Plaintiff on April 13, 2016 (No. 13, 2018) based on the guarantee period (the changed amount) (the repayment date) (the repayment date) (the performance date of the loan (the changed amount), (the performance date), (the performance date of the loan (the changed amount), (the performance date), (the performance date of the loan (the changed amount), (the repayment date of the loan from April 12, 2017) (the repayment date of the loan from the Plaintiff on April 12, 2016) (the repayment date of the loan from the Plaintiff on April 20, 2017) shall be the amount of damages incurred by the Plaintiff to the Plaintiff on credit guarantee guarantee from each of the Plaintiff on April 13, 2013, 2018.

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