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Reasons
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(영문) 광주고등법원 2016.03.23 2015나10287
사해행위취소
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. Attached list between the defendant and the co-defendant B of the first instance trial.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into each credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) with the Co-Defendant A Co-Defendant A (hereinafter “A”) of the first instance trial as indicated in Table 1 as follows, and A received loans from the Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”) and the Korean National Bank (hereinafter “National Bank”) as stated in Table 1 as follows:

The co-defendants of the first instance trial and A, the representative director, and the co-defendants of the first instance trial, and the co-defendant C of the first instance trial jointly and severally guaranteed the obligation to be borne by A to the Plaintiff according to each credit guarantee agreement of the instant case.

According to the table 1: (a) the amount of the final guarantee period for the guarantee date of 1.5.20,000,000 Gwangju Bank on May 23, 2014 on May 29, 2007; (b) the rate of damages determined by the Plaintiff to the Plaintiff on March 4, 2010, calculated on May 201, 2015 (the rate of damages determined by the Plaintiff’s subrogation from 29,250,000,000, 315,000,000 national bank on March 4, 2014; and (c) the rate of damages determined by the Plaintiff on May 29, 2010 to 10, 2015 (the rate of damages determined by the Plaintiff’s subrogation from 20,000,000,0000,0000,000,000,000,000,016.

B. On March 18, 2014, when the Plaintiff’s subrogated forfeited the interest of each loan due to delinquency, the National Bank notified the Plaintiff of the occurrence of a credit guarantee accident on April 8, 2014.

Accordingly, the Plaintiff fulfilled the guaranteed obligation to the Gwangju Bank and the National Bank as listed in the table 2 below.

on May 30, 2006, the sum of the interest on subrogation as of the date of payment by subrogation on the date of guarantee No. 2, 85,000,000,800,342 86,800,3428,800,342 Gwangju Bank on June 26, 2014; and

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