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(영문) 서울고등법원 2015.11.25 2015나2034343
사해행위취소
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. (i) The Plaintiff entered into a credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) with I Co., Ltd. (hereinafter “I”) on March 19, 2009 with the guarantee amount of KRW 300,000,000, and the guarantee period from March 19, 2009 to March 18, 2010 (the guarantee period has been extended to June 14, 2013), with the guarantee period of KRW 294,40,000, and the guarantee period from September 10, 2010 to September 10, 2010 (the guarantee period of KRW 294,40,000,000, and the guarantee period of KRW 300,000,000 were extended to October 10, 209; hereinafter “each of the instant credit guarantee agreements”). Each of the instant credit guarantee agreements was issued by 300,3000,000 Korea (hereinafter “the instant credit guarantee agreements”).

H and K, who were in office as the representative of the I at the time, had jointly and severally guaranteed the obligation for indemnity under each credit guarantee agreement of this case to the Plaintiff.

(2) On February 3, 2013, the Plaintiff notified the Plaintiff of the occurrence of a credit guarantee accident on March 20, 2013.

Accordingly, on April 17, 2013, the Plaintiff paid a total of KRW 486,081,069 [the remainder of loans KRW 243,859,988 [the remainder of KRW 240,000,000,000] (=the remainder of KRW 3,859,988) with interest on the second loan amounting to KRW 242,221,081 [the remainder of loans KRW 238,464,00] on behalf of the Bank.]

On May 1, 2013, the Plaintiff filed a lawsuit against I, H, and G seeking an amount of no reimbursement under the said subrogation (Seoul Central District Court 2013Gahap518202). On September 13, 2013, the said court rendered a judgment accepting the Plaintiff’s claim, and the said judgment became final and conclusive around that time.

B. (i) On October 30, 2012, H sold the instant one real estate to Defendant B (former name before the name was known: K and at the time the name was known to H) who was a wife as of October 30, 2012.

At the time of the instant case, on November 201, 201.

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