logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.21 2017나59741
사해행위취소
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. In the first instance trial, the Plaintiff sought revocation of the mortgage contract concluded between the Defendant and B on the instant apartment as a claim for revocation of fraudulent act against the Defendant, and sought correction of the distribution schedule prepared by the said court on the case of the auction of the rent of real estate C in the Suwon District Court, which was the claim for restitution to its original state. The first instance court rendered a judgment that accepted the Plaintiff’s claim for revocation of fraudulent act among the Plaintiff’s claim and dismissed the part of the claim for restitution to its original state.

Since the Defendant appealed against only the part on the claim for revocation of fraudulent act among the judgment of the first instance court, the scope of the judgment of this court is limited to the claim against the Defendant for revocation of fraudulent act and the claim for revocation of the mortgage contract concluded between the Defendant and B regarding the apartment of this case.

2. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 5 to 11, and Eul evidence Nos. 1 and 4 (including each number), respectively, by integrating the whole purport of the pleadings:

The Plaintiff’s prior reimbursement claim 1) The Plaintiff, a manufacturer of luminous films, etc., changed its trade name to “H” on October 16, 2014.

The term “D” is only referred to as “D” and the term “stock company” is omitted even when another name is entered.

As between the two, the following credit guarantee agreements shall be referred to as the "each credit guarantee agreement of this case" in total of four credit guarantee agreements, as stated in the table:

B concluded each of the credit guarantee agreements of this case, and D obtained a loan from a bank as a security. At the time of entering into each of the credit guarantee agreements of this case, D as a representative director of D, and jointly and severally guaranteed all of the obligations of D against the plaintiffs under each of the credit guarantee agreements of this case.

The amount guaranteed on the date of guarantee.

arrow