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(영문) 서울고등법원 2017.08.18 2017나2004926
사해행위취소
Text

1. Of the judgment of the first instance court, the part against Defendant C in the judgment is modified as follows:

Attached list between Defendant C and A.

Reasons

1. Basic facts

A. The relationship between the parties (1) The Plaintiff is a fund that guarantees the debt of an enterprise which lacks security capacity and facilitates financing of the enterprise.

(2) B is a private company that was established on May 1, 2012 and engaged in the wholesale business of construction and mining machinery and equipment, and B is a company that was established on March 11, 2013 and entrusted sales business of construction machinery.

(3) B and B were operated by A.

However, from March 11, 2013 to October 1, 2014, Defendant D and Defendant D were registered as a director again until December 1, 2014, on the corporate register of a stock company with one director, from March 11, 2013 to October 1, 2014, and thereafter Defendant D had been registered as a director.

Defendant C was registered as the auditor of the Company B from March 11, 2013 to October 8, 2015.

Defendant D is the wife of Defendant A, and Defendant C is the wife of Defendant D and the wife of Defendant D.

B. (1) On October 25, 2012, the Plaintiff entered into a credit guarantee agreement with A and the credit guarantee amount of KRW 50,000,000, and the credit guarantee period from October 25, 2012 to October 24, 2013 (hereinafter “credit guarantee agreement”), and A provided a credit guarantee agreement and omitted the part of “stock company” for one bank, Han Bank, or convenience.

The term "B" and "B" clearly divided, and the other stock company shall be indicated in the same manner to the extent that it does not harm the meaning thereof.

It received a loan of KRW 50,000,000 from the driving capital in B.

Since then, the amount of credit guarantee shall be reduced to 45,00,000 won, and the period of credit guarantee has been extended until October 23, 2015.

(2) On February 28, 2014, the Plaintiff entered into a credit guarantee agreement with B, a stock company, with a credit guarantee amount of KRW 180,00,000, and a credit guarantee agreement with a credit guarantee period of KRW 27, 2015 (hereinafter “credit guarantee agreement”).

A has jointly and severally guaranteed all obligations owed by Company B to the Plaintiff in accordance with the credit guarantee agreement.

A Co., Ltd. provides a credit guarantee certificate.

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