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(영문) 서울고등법원 2016.05.20 2015나2038697
사해행위취소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3.For the purpose of the trial:

Reasons

1. Determination as to the claim for reimbursement against the defendant A and B

A. 1) The Plaintiff is a corporation established by the Trade Insurance Act for the purpose of promoting trade and overseas investment by operating a trade insurance system to secure risks arising in connection with foreign trade, such as trade, etc.

B) On September 24, 2001, Defendant A and the Plaintiff on the trade name, “D”, “A”, “A” in the U.S. located in the U.S. and received an amount equivalent to the export price from a loan-handling institution, and then, the loan-handling institution failed to obtain the export price payment from a loan-handling institution, and then obtain payment from a loan-handling institution (hereinafter “BINNAL”) for the monetary debt of the U.S. loan (hereinafter “the export credit guarantee contract”) with the Plaintiff and the Plaintiff on September 24, 2001.

(B) The main contents of the export credit guarantee contract of this case (Evidence A) are as follows. Defendant A had a joint and several liability for indemnity to be borne by the Plaintiff according to the export credit guarantee contract of this case on the same day.

Article 2 (Credit Guarantee Contents, etc.) (1) The principal (Defendant A) and the guarantor (Defendant B) confirm that the credit guarantee to be borne by the Corporation upon the request of the defendant A for export credit guarantee is as follows:

Credit guarantee limit: An institution loaning 50,000 US dollars:

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