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(영문) 광주고등법원 2020.05.13 2019나24512
사해행위취소
Text

1. The part against the defendant in the first instance judgment against the defendant shall be revoked.

2. The plaintiff on the part concerning the above revocation.

Reasons

1. The Plaintiff filed a claim for the revocation of each fraudulent act against the Defendant and D Co., Ltd. (hereinafter “D”) in the first instance trial against the Co-Defendant A and B, who were co-defendants of the first instance trial, and the revocation of each fraudulent act and restitution of the original state (amended by the instant distribution schedule).

The first instance court accepted part of the claim for reimbursement against A and B, and the claim for the cancellation of fraudulent act against the defendant, while it ruled that D's claim is dismissed.

In other words, the judgment of the first instance against the defendant is about the plaintiff's claim, such as the claim written against the defendant.

The claim for the revocation of the fraudulent act described in the subsection shall be accepted as it is.

As to the claim for correction of the distribution schedule of this case stated in the Paragraph (b), the part of the claim is accepted (as to the claim for correction of the distribution schedule of this case, the amount of 40 million won against the defendant is deleted, and the amount of 94,097,358 won against the plaintiff is corrected from 00 to 94,097,358 won. However, as to the claim for deletion of the amount of 31,958,357 won against the defendant, the remaining claim was accepted to the extent that the amount of 17,860,999 won is corrected) was dismissed.

The only defendant appealed against this.

Therefore, the scope of the judgment of this court is limited to the above part against the defendant, which was accepted by the first instance court among the claims for correction of the distribution schedule of this case, as well as the claims for revocation of fraudulent act against the defendant.

2. Basic facts

A. (1) As between June 23, 2017, the Plaintiff and A, a credit guarantee agreement, etc. between the Plaintiff and A, with the content that the Plaintiff guarantees the Plaintiff’s principal and interest of loans to be provided by the Industrial Bank of Korea from June 23, 2017 to June 22, 2017 (hereinafter “instant credit guarantee agreement”). The term of guarantee is between June 23, 2017 and June 22, 2018.

AB concluded the agreement.

A The representative director of A shall be A in this case.

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