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(영문) 광주고등법원 2020.01.22 2019나23502
사해행위취소
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. As to the patent rights listed in Attachment No. 1, a.

Reasons

1. The plaintiff filed a claim for reimbursement based on subrogation against the co-defendant A, a co-defendant A (hereinafter referred to as the "A"), a representative of the Co-defendant A, and a joint and several surety B of the first instance court. The plaintiff filed a claim against the defendants for revocation of fraudulent act regarding each patent transfer contract listed in the separate sheet and restitution therefrom.

(hereinafter referred to as “the patent right”). The first instance court cited the Plaintiff’s claim for reimbursement against A and B, and the claim for revocation of the fraudulent act and restitution against the Defendant C Co., Ltd. (hereinafter “Defendant C”), and dismissed the remainder of the claim against the Defendants (e.g., revocation of fraudulent act regarding the patent transfer contract between 1 and 3 and restitution claim).

Accordingly, since only the plaintiff appealed against the part of the judgment of the first instance, this court shall judge only the part against the plaintiff among the judgment of the first instance.

2. Basic facts

A. The Plaintiff’s claim 1 against A and B is a credit guarantee agreement between A and B on April 2015 and June 2016 with respect to loans owed by the F Bank and the Industrial Bank of Korea as listed below (hereinafter collectively referred to as “each of the instant credit guarantee agreements”).

B as a representative, A guaranteed all the obligations owed to the Plaintiff under each credit guarantee contract of this case. The creditor creditor loan (in this case, referring to the original guarantee number 200 million won) 180 million won in JF Bank (Dong Yangyang Branch) 190 million from April 15, 2015 to April 12, 2019, KF Bank (Dong Yangyang Branch) 190 million from April 15, 2015 to April 12, 2019, the Industrial Bank of Korea (FF Bank 190 million from April 15, 2015 to April 12, 2019) L, Industrial Bank of Korea (FF Bank 190 million from April 15, 2015 to April 12, 2019 to April 12, 2015, 2000 to April 16, 2015).

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