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(영문) 광주고등법원 (전주) 2017.04.20 2016나11344
구상금 및 사해행위취소등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Facts of recognition;

A. On October 26, 2011, the Plaintiff Co-Defendant A Co-Defendant A (hereinafter “A”) at the first instance trial on October 26, 201.

(B) The amount guaranteed 850,000,000 won, and the period of guarantee extended on October 26, 2012 (after this, by October 15, 2014).

(2) On April 11, 2014, A entered into a credit guarantee agreement with the former District Court to provide credit guarantee service to the Plaintiff in the event that the Plaintiff provided credit guarantee service and the Plaintiff provided credit guarantee service due to a credit guarantee accident. (2) On April 11, 2014, A filed an application for commencement of a credit guarantee agreement with the former District Court as 2014.

On June 2, 2014, the Plaintiff subrogated for KRW 822,869,70 to the former bank in accordance with the credit guarantee agreement.

3) On June 15, 2016, the Plaintiff filed a lawsuit against A seeking the payment of the said subrogation amount and the damages for delay thereof, and received the judgment that “A shall pay the Plaintiff the damages for delay as to KRW 822,59,850 and KRW 818,814,390 (the first instance judgment of this case).” The said judgment was separated from the instant case and became final and conclusive around that time as A did not appeal. (b) A’s disposal disposition on March 31, 2014, the real estate listed in the separate sheet (hereinafter “instant real estate”).

As to the transaction value of KRW 85,00,000, the registration of ownership transfer was completed based on the sale on the same date (hereinafter “instant disposal disposition”).

(c) A’s insolvent, etc. (1) A incurred a business loss of KRW 12.5 billion in 2013, and as of March 2014, as of KRW 19,947,00,00 in assets as of the end of March, 2014, liabilities were KRW 37,316,545,00 in liabilities, and was in excess of obligations.

2 A was decided to commence rehabilitation proceedings on May 16, 2014 according to the application for commencement of rehabilitation proceedings, but it is clear that the liquidation value of the business is more than the value when the business continues on November 11, 2014.

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