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(영문) 춘천지방법원강릉지원 2019.06.25 2018나32163
사해행위취소
Text

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. The reasoning for the court’s explanation on this part of the facts of recognition is that “ September 15, 2015,” “ September 13, 2016,” and “C” of the third and fifth acts are the same as the part of “1. Recognition” in the judgment of the first instance, except that the third and fifth acts are against “Defendant”, and thus, they are cited as it is in accordance with Article 420 of the Civil Procedure Act.

2. The reasons why the court should explain this part of the judgment on the establishment of the right to revoke the fraudulent act are as follows: (a) the " September 15, 2015" of the fifth and sixth acts in the judgment of the court of first instance shall be deemed to be " September 13, 2016"; and (b) the fifth and seventh acts in the judgment of the court of first instance as to the assertion that the defendant emphasizes or adds to this court shall not be justified; and (c) the judgment on the establishment of the right to revoke the fraudulent act in the judgment of the court of first instance is identical to the part "the judgment on the establishment of the right to revoke the fraudulent act in the judgment of the court of first instance" in the judgment of the court of first instance except where

Pursuant to Article 5 (2) of the Special Act on the Protection of Surety, the Defendant asserts to the effect that D is not liable for joint and several liability, since the Plaintiff did not notify the fact of arrears of E, which is the principal debtor, and the Plaintiff violated the notification obligation prescribed in the above Act and subordinate statutes, and if there is no agreement on the guarantee period, it is deemed three years pursuant to Article 7 of the Special Act on the Protection of Surety. Thus, D loses its status as guarantor as of September 12, 2010 after the expiration of the period of three years from September 13, 2007, which was first concluded on September 12, 2010, which was concluded by the Plaintiff and D, and since the renewal of the guarantee contract was not made thereafter, D does not bear the obligation of joint and several liability.

Article 5 (2) of the Special Act on the Protection of Suretys ("A financial institution that has concluded a guarantee agreement as a creditor shall notify the guarantor of the fact without delay if the principal debtor fails to pay the principal, interest, and other debts for at least one month."

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