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(영문) 서울고등법원 2015.07.24 2015나2004939
사해행위취소
Text

1. All appeals filed by Defendant C, D, E, and I are dismissed.

2. The first instance trial is conducted by expanding the purport of the claim in the Plaintiff’s trial.

Reasons

1. Basic facts

A. 1) On March 5, 2012, the Plaintiff entered into a credit guarantee agreement, etc., and the Co-Defendant Red Industries Co., Ltd., Ltd., Co-Defendant of the first instance trial (hereinafter “astronomical red acid”).

In relation to the credit guarantee period: ① (1),080,000 won: (2) the credit guarantee period: from March 5, 2012 to March 4, 2013; (3) the creditor: A loan guarantee agreement to be made in accordance with the first credit guarantee agreement (hereinafter “the credit guarantee agreement in this case”) with a loaner in Korea; (4) commercial transaction security; (5) the principal obligation (such as any obligation incurred before the credit guarantee period or during the credit guarantee period); (5) the interest (or additional amount) and expenses additionally borne by the Plaintiff in addition to the principal of the credit guarantee agreement in this case; and (5) the scope of repayment: the amount of the guaranteed obligation performed by the loaner and a joint guarantor when the Plaintiff fulfilled the guaranteed obligation; (4) the expenses incurred in performing the guaranteed obligation at an interest rate as determined by the Plaintiff from the date of the performance of the guaranteed obligation; and (3) the method of payment:

2) As to the liability of the joint and several sureties, the liability of the joint and several sureties to guarantee is continued until the obligation of the Plaintiff to guarantee is extinguished due to the discharge of the principal obligation of red water acid, and the scope of the liability is wide.

Where the method of guarantee by the plaintiff is a collateral guarantor, the responsibility of guarantee by the joint guarantor is not extinguished due to the expiration of the term of guarantee by the credit guarantee, but the principal obligation incurred within the term of guarantee will be extinguished by the plaintiff's liability of guarantee.

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