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(영문) 서울고등법원 2015.06.05 2013나30297
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

On November 21, 201, between the defendant and B, each entry in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff, a member of the Plaintiff, is a stock company C (hereinafter referred to as “CC”) on November 27, 2008 from November 27, 2008 to November 26, 2011, 26, 13,411,440,000,00 D, and I on March 24, 2010 to March 24, 2010, respectively, and on March 23, 2013, the agreed-term period agreed upon between the conclusion of each limited trading agreement and the Plaintiff’s guarantee agreement and the Plaintiff’s guarantee agreement.

B) Between the Plaintiff and C, each Limit Trade Agreement (hereinafter referred to as “each Limit Trade Agreement”) with the terms and conditions set out below, whereby C may obtain a variety of guarantees related to construction works from the Plaintiff, or a loan for funds necessary for carrying on construction business, to the extent agreed upon by the Plaintiff.

(2) According to Article 8(1) and (2) of the General Terms and Conditions of Business Transaction, including “when C is subject to a disposition of suspension of transaction from a bill exchange office,” if certain grounds arise under Article 8(1) and (2) of the General Terms and Conditions of Business Transaction, B shall lose the benefit of time and immediately repay all obligations to the Plaintiff, and the Plaintiff may exercise the right of prior reimbursement against C or joint guarantor.

3) During the period from October 9, 2009 to November 21, 201, the Plaintiff issued a contract performance guarantee or a contract for repair of defects with respect to the construction works for which C has been awarded a contract pursuant to each of the instant credit transaction agreements. However, the amount guaranteed by each of the respective guarantee certificates issued by the Plaintiff is KRW 9,760,184,712 in total. (B) The suspension of current account transaction and the Plaintiff’s guarantee obligation performance 1) C was subject to suspension of current account transaction on November 29, 201 and was under suspension of current account transaction on November 30, 201, and is currently under closure.

2 The Plaintiff has received a claim between December 2, 2011 and April 22, 2014 for the performance of the guaranteed obligation from the guaranty creditor for a total of KRW 9,496,56,38 from the guaranty creditor, and until March 2015.

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