(영문) 광주고등법원 2016.04.20 2015나13705

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(영문) 광주고등법원 2016.04.20 2015나13705

사해행위취소

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The status of the parties is a corporation with the aim of facilitating the financing of the company by guaranteeing the debt of the company with weak collateral but with good credit standing, and the court of first instance entered into a credit guarantee agreement with Co-Defendant A Co-Defendant A (hereinafter “Co-Defendant A”), and the above credit guarantee agreement was jointly and severally guaranteed, and the defendant was set up a collateral security agreement with regard to the share of the instant real estate owned by B.

B. On February 17, 2009, the term of guarantee for the guaranteed amount of D 95,000,000 won (final 85,000,000 won) on February 16, 2010 (final 85,000,000 won) shall be extended in sequential order on March 3, 2011, the Bank of Mine Co., Ltd (final 180,000,000 won reduced to KRW 180,000 (final 180,000,000) by the date of concluding a credit guarantee agreement and joint and several sureties agreement) shall be March 2, 2012: (i) the credit guarantee agreement with A Co., Ltd. (hereinafter collectively referred to as the "credit guarantee agreement" and the "credit guarantee agreement of this case 1,200,200, respectively; and (ii) the Plaintiff shall be the "credit guarantee agreement of this case" as follows:

(2) B concluded a credit guarantee agreement of this case. At the time of the first credit guarantee agreement of this case, B was a director of A, and was a director of A at the time of the second credit guarantee agreement of this case. A jointly and severally guaranteed all obligations owed by A to the Plaintiff under each credit guarantee agreement of this case.

3. The terms of each credit guarantee agreement of this case are as follows: ① In the event that the Plaintiff performs the guaranteed obligation, ② The amount of the obligation to discharge the guaranteed obligation is calculated by multiplying the amount of the obligation to discharge the guaranteed obligation by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment; ③ the expenses for the performance of the guaranteed obligation; ④ the expenses for the preservation, transfer

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