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(영문) 서울북부지방법원 2017.11.21 2017가단105880
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 5, 2002, the Korea Housing Guarantee Company (hereinafter referred to as the "Korea Housing Guarantee Company") lent 64 million won to C Co., Ltd. (hereinafter referred to as the "C") on September 5, 2002. However, on August 20, 2009, C filed a loan lawsuit under the Daegu District Court 2009Gahap6770 and decided in favor of Korea Housing Guarantee Co., Ltd on August 20, 2009 to pay damages for delayed payment of KRW 558,380,217 and KRW 517,98,848 among them, the above judgment became final and conclusive at that time; B was the representative director of C; C and B agreed on installment reimbursement as stated in the attached Form between the Korea Housing Guarantee Company and D on May 3, 2013; C and B did not perform their obligation under Article 2 of the above agreement; and C and C have failed to perform their first obligation as a joint and several surety at the time of the first loan for consumption.

The plaintiff asserts that, in accordance with Article 1 of the above Agreement, the plaintiff approved the debt of C at the time of the agreement, and that, in the event that the installment repayment agreement becomes null and void pursuant to Article 6, all the debt of the agreed person, including B, shall be immediately restored, Eul guaranteed the above debt of C.

The above agreement on reduction of and exemption from debt can be recognized as having lost its effect due to the default of C and B, and the following circumstances, namely, the Korea Housing Guarantee, for which there was a benefit to have B, who had been reduced or exempted from debt and was not the first debtor in lieu of the installment repayment, and B, not to have jointly and severally guaranteed debt of C from the beginning, but to have C reduced or exempted the debt at the time of the above agreement on reduction of and exemption from debt and installment repayment and to bear the installment repayment obligation from the time of the agreement on reduction of and exemption from debt and installment repayment. If B is included in the concept of the agreement, Article 1 Section B is deemed to have been included in B.

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