Text
1. Order 2 and 3 of the first instance judgment are modified as follows. A.
In the separate list between the defendant and A, each of the separate lists.
Reasons
1. In the first instance court, the Plaintiff requested the Defendant to revoke the fraudulent act, to recover the original state, and to confirm the establishment of a mortgage contract. However, the first instance court partially accepted the claim for revocation of the fraudulent act and restitution of the original state, and dismissed the claim for nullification of the establishment of a mortgage contract.
Accordingly, the Defendant appealed against the Defendant among the judgment of the first instance, and the Plaintiff appealed incidentally while expanding the claim for revocation of the fraudulent act, and the Plaintiff’s lawsuit of demurrer against the Defendant was pending in Suwon District Court 2017Na68325, and the Plaintiff withdrawn the claim for restitution in the instant case. As such, the subject of adjudication in the instant court is limited to the claim for revocation of the fraudulent act
2. Facts of recognition;
A. The status of the parties and the siren contract 1 of the Plaintiff and C Co., Ltd. are corporations engaged in the business of selling and leasing machinery and equipment, etc., and Gap is a non-party C Co., Ltd. (hereinafter “non-party C”)
2) On February 5, 2015, the Plaintiff purchased 31 million won (excluding value-added tax) from the non-party company’s non-party company’s 4 line of CNC (hereinafter “each of the sirens of this case”) from the non-party company, and entered into a contract to lend it again to the non-party company (hereinafter “the instant sirens contract”).
3) A shall provide joint and several sureties with all debts owed by the non-party company to the plaintiff in accordance with the instant siren agreement (hereinafter “instant joint and several sureties agreement”).
) The non-party company and A prepared to the Plaintiff a notarial deed of KRW 31,00,000 on the instant sirens claims. 4) The content of the instant sirens contract is as follows.
Article 1 (Period of Lease) The term of lease from February 6, 2015 to September 21, 2017 shall be from February 6, 2015; the term of lease from the date of September 21, 2017; the term of lease from the date of 21st of each month; the term of lease from the date of March 21, 2015; the first rental fee to be paid on March 21, 2015, shall be KRW 1,979,780; and each rental fee of the term of lease from the date