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(영문) 서울고등법원 2017.10.18 2016나2087931
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. Facts of recognition;

A. The Plaintiff’s loan execution and comprehensive collateral guarantee, etc. 1) The Plaintiff is a corporation D (hereinafter “D”) on September 11, 2009.

(i) 2.5% interest rate per annum and 7.05% due date for repayment on September 11, 2010 (hereinafter referred to as “one loan”) have been extended to the Corporation (hereinafter referred to as “one loan”).

(2) On February 6, 2012, B entered into a collective guarantee contract with D to provide a joint and several surety within the limit of KRW 3.25 million for all obligations arising from transactions, such as the first loan, currently or in the future borne by the Plaintiff. (2) On February 6, 2012, the Plaintiff entered into a joint and several guarantee contract with D to provide a limited liability company C (hereinafter “C”) with interest rate of KRW 361 million at 9.86% per annum, due date for payment on February 6, 2013 (hereinafter “second loan”); and H, the representative director of C, agreed to provide a joint and several surety for all obligations arising from the second loan, currently or in the future, owed by C to the Plaintiff within the limit of KRW 4.325 million.

3) On August 6, 2012, C merged D and comprehensively succeeded to D’s obligations, including the Plaintiff’s obligations to the Plaintiff due to the first loan. 4) On September 27, 2013, the Plaintiff entered into a limited collateral guarantee agreement with C to provide a joint and several surety by setting the maturity of 10.57% interest rate at the rate of 10.57% per annum on September 27, 2013 (hereinafter “third loan”); and C’s actual manager and the largest shareholder, B, who are the Plaintiff, agreed to provide the Plaintiff with all obligations due to the third loan currently or in the future, within the limit of 648 million won.

5) 그 후 원고는 제1, 2, 3 대출의 변제기를 수회에 걸쳐 연장해 주었다. 제1, 2, 3 대출 및 그에 관한 B, H의 보증 내역을 표로써 정리하면 아래 표 1 기재와 같다. 《표 1 : 제1, 2, 3 대출 내역》 순번 대출과목 계좌번호 대출약정일 최종만기일 차주 대출금액(원) 연대 보증인 보증한도액(원 보증종류 1 기업일반운전자금 F 2009. 9. 11. 2014. 3. 11. D 25억 B 32억 5,000만...

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