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(영문) 서울고등법원 2015.12.17 2014나2026628
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

[Claim]

Reasons

1. Basic facts

A. The Plaintiff, including a credit guarantee agreement, entered into a credit guarantee agreement with the non-party Co., Ltd. (hereinafter “non-party Co., Ltd.”), as indicated below (hereinafter “each credit guarantee agreement of this case”). B jointly and severally guaranteed the liability for indemnity to the Plaintiff by the non-party Co., Ltd. in accordance with each credit guarantee agreement of this case.

In accordance with each credit guarantee agreement of this case, the non-party company received loans from the Gyeongnam Bank Co., Ltd. (hereinafter referred to as the "Gyeongnam Bank") as follows as collateral.

The credit guarantee amount of June 5, 2008 on June 2008, 2008, June 13, 2008, when the credit guarantee amount of 1.566 billion won on June 5, 2008, is KRW 54 billion on December 5, 2008 (the due date, June 1, 2012), the due date of credit guarantee of KRW 54 million on December 5, 2008 (the due date, June 1, 2012), shall be December 5, 2008 (the due date, June 1, 2012), the due date of the loan of KRW 1.54 billion on June 13, 2008, KRW 605 billion on June 5, 2008, KRW 6005 billion on June 13, 2008, KRW 4005 billion on June 5, 2015.

B. On November 18, 201, in the event of a credit guarantee accident and a credit guarantee accident under which the non-party company was subject to disposition of transaction suspension at a clearing house, the Plaintiff claimed for the performance of the guaranteed obligation to the Plaintiff. On December 13, 2011, the Plaintiff subrogated the bank in total of KRW 2,58,576,798, and paid KRW 13,363,450 to the legal procedure cost.

C. On April 27, 2011, B concluded a mortgage contract with the Defendant regarding each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with the maximum debt amount of KRW 1.50 million (hereinafter “mortgage contract”). On April 28, 2011, the registration of creation of a neighboring mortgage was completed as the head of Suwon District Court No. 13898, Apr. 28, 201 with respect to each of the instant real estates as indicated in the separate sheet (hereinafter “instant real estates”).

(2) On November 23, 2011, B entered into a sales contract with the Defendant for each of the instant real estate (hereinafter “instant sales contract”) and thereafter, attached Table 1.

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