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(영문) 전주지방법원 2019.07.11 2018나12103
구상금 및 사해행위취소
Text

1. Of the judgment of the first instance court, the real estate indicated in the separate sheet between A and the Defendant was concluded on June 29, 2015.

Reasons

1. After remanding the case, the court of first instance accepted the Plaintiff’s claim for revocation of the fraudulent act and restitution against the Defendant. Accordingly, the Defendant appealed. The court of first instance prior to remand accepted part of the Defendant’s appeal, and revoked the sales contract concluded between A and the Defendant on June 29, 2015 within the limit of KRW 54 million, and ordered the Defendant to pay to the Plaintiff money calculated at the rate of KRW 54 million per annum from the day following the day when this judgment became final and conclusive to the day of full payment.

As to this, only the Plaintiff appealed with respect to the part against the Plaintiff in the judgment before remanding, and the Supreme Court reversed the part against the Plaintiff in the judgment before remanding the case, and rendered a judgment of remanding that part of the judgment before remanding the case, the part against the Plaintiff in the judgment before remanding the case, which was not

Therefore, the scope of the trial after remanding the case is limited to the remaining part of the judgment of the court of first instance, excluding the part in favor of the plaintiff who ordered the plaintiff to pay the plaintiff 54 million won and 5% interest per annum from the day following the day when this judgment became final and conclusive to the day of full payment (hereinafter "part in favor of the plaintiff before sending back").

2. Facts of recognition;

A. On December 30, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the purport that when the Plaintiff performed the guaranteed obligation on December 29, 201, the Plaintiff shall pay to the Plaintiff the amount of the guaranteed obligation and the damages for delay calculated at the rate of overdue interest (12% per annum per annum) from the date on which the guaranteed obligation was discharged to the date on which the guaranteed obligation was discharged to the Plaintiff (hereinafter “the instant credit guarantee agreement”).

B. A is not more than C as security of the guarantee issued under the instant credit guarantee contract.

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