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(영문) 서울고등법원 2016.10.26 2015나2057599
구상금 및 사해행위 취소의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 18, 2009, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and A Co., Ltd. (hereinafter “A”), and the Plaintiff’s credit guarantee agreement between the Plaintiff and the National Bank Co., Ltd. (hereinafter “National Bank”) providing credit guarantee (hereinafter “the credit guarantee agreement of this case”). According to the credit guarantee agreement of this case, A shall pay the Plaintiff’s subrogated payment amount, the fixed amount of damages determined by the credit guarantee agreement of this case, the amount of claim preservation expenses, the amount of attempted penalty, and damages for delay calculated at the rate of 12% per annum from the date of subrogation by the Plaintiff.

On May 18, 2009, B, the representative director of Domen A, jointly and severally guaranteed the obligation owed by A to the Plaintiff pursuant to the credit guarantee agreement of this case.

Fidelity A submitted the credit guarantee certificate of this case to the National Bank on May 18, 2009 and was loaned KRW 300 million from the National Bank.

B. (i) B is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as indicated in B and the Defendant. Each of the instant real estate was registered for establishment of a new real estate as indicated below.

Attached Form

[Attachment B] On November 25, 2013, the registration of the establishment of a mortgage in the name of a national bank of real estate in the name of the maximum debt amount of KRW 58,500,000,000 in the title of the National Bank of Real Estate indicated in the list No. 2, 3, and 45,500,000, shall be concluded between the Defendant and the Defendant, and on December 31, 2013, B sold each of the instant real estate owned by the Defendant (hereinafter “instant sales contract”), and on December 31, 2013, the Defendant completed the registration of the establishment of each of the instant real estate in accordance with the instant sales contract.

Fidelity is established on each real estate of this case.

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