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(영문) 서울중앙지방법원 2015.07.22 2015나3326
사해행위취소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. Attached list between the defendant and the co-defendant C of the first instance trial.

Reasons

1. The reasoning for the court's explanation on this part of the basic facts is as follows: "Defendant A corporation" or "Defendant A corporation" is as "Codefendant A corporation of the first instance trial"; "Defendant B" and "Defendant C" are as "Codefendant B of the first instance trial" and "Codefendant C of the first instance trial" respectively; "Defendant D" is as "Defendant"; "Defendant D's reply to an order to submit financial transaction information to corporate banks, national banks, and No. 11 and No. 12 of the first instance court's decision" are as stated in the reasoning for the judgment of the first instance except for the case where "the reply to an order to submit financial transaction information to corporate banks, national banks, and No. 420 of the first instance court's decision" as "the reply to an order to submit financial transaction information to No. 41 and No. 12 of the first instance court's decision

2. Determination on the claim for revocation of fraudulent act

A. According to the facts established prior to the establishment of a fraudulent act, Co-Defendant C of the first instance trial (hereinafter “C”) is jointly and severally liable with Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”), B, and C to the Plaintiff for a joint and several liability for reimbursement under the above credit guarantee agreement (24,650 won additional guarantee fees of KRW 77,881,558), the legal procedure cost of the subrogated amount of KRW 24,650,650, and the subrogated amount of KRW 77,881,558, the subrogated amount of KRW 77,81,558, the date of subrogation. From September 25, 2013, the Plaintiff was liable to pay damages for delay from March 13, 2014, which occurred in the nearest credit guarantee agreement at the time of the instant mortgage agreement, and thus, the Plaintiff’s claim for reimbursement under the credit guarantee agreement could actually occur.

The defendant is not liable for the joint and several liability of the plaintiff, since the term of guarantee of the credit guarantee agreement has been changed without C's consent.

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