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(영문) 서울고등법원 2012.02.01 2011나57618
사해행위취소 등
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the plaintiff (Counterclaim defendant)'s claim for the revocation of fraudulent act is below.

Reasons

1. Basic facts

A. From March 10, 2005 to October 31, 2007, the Plaintiff stated that the Plaintiff was retired from office as an auditor of the Company B on March 31, 2008 in the corporate register B.

Until now, B (hereinafter referred to as “B”) has been employed as the auditor of B (hereinafter referred to as “B”) and has been jointly and severally guaranteed for B’s borrowed funds.

B. (1) On June 1, 2007, the Plaintiff entered into a limited collateral guarantee contract with the Industrial Bank of Korea within the scope of KRW 760,000,000 with respect to the loan obligations under B, and thereafter, B was loaned KRW 500,000 from the Industrial Bank of Korea.

on June 8, 2007, the Plaintiff jointly and severally guaranteed the loan obligations to the Korea Federation of Small and Medium Business in addition to receiving the loans of KRW 400,000,000 from the Korea Federation of Small and Medium Business.

C. (1) On December 22, 2006, between October 20, 2007 and October 20, 2007, B was awarded a subcontract for each of the construction works on the Cheongju Construction Co., Ltd. and the Cheongsan Construction Co., Ltd. (hereinafter “Defendant Sejong Construction Co., Ltd.”) jointly awarded a contract between the two companies, and the Cheongju Construction Co., Ltd., Seoul Seocho Construction Co., Ltd. (hereinafter “Defendant Sejong Construction Co., Ltd.”).

D. However, due to the failure to pay the subcontract price around April 2008, B was unable to receive the subcontract price, and accordingly, B lost the benefit of each loan obligation against the Industrial Bank of Korea and the Korea Federation of Small and Medium Business due to the default of payment at around that time.

(1) On April 22, 2009, the Plaintiff filed a lawsuit against the Plaintiff against the Seoul Central District Court 2008Gahap109116 against which the claim for loans against B was taken over by the Bank of Korea, and on April 22, 2009, “the Plaintiff” from the above court to the 760,000 company specializing in securitization.

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