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(영문) 서울고등법원 2016.11.03 2016나2020266
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties (1) with a credit guarantee agreement agreement (hereinafter “the credit guarantee agreement of this case”) and the Plaintiff entered into a credit guarantee agreement (hereinafter “the credit guarantee agreement of this case”) with the Plaintiff as the guaranteed principal on each date stated in the column for “credit guarantee date” in the table below. The representative director C of the credit guarantee agreement of the Plaintiff Co., Ltd. entered into a credit guarantee agreement with the Plaintiff as a joint and several sureties of the credit guarantee agreement of this case.

The LAC used a credit guarantee form issued by the Plaintiff in accordance with each credit guarantee agreement of this case to obtain a loan from each financial institution in the column of “creditor” as stated below on each day in the column of “loan Agreement” as stated below.

(1) The Plaintiff entered into an agreement with the Securities and Exchange Co., Ltd. and the Credit Guarantee Co., Ltd. to grant a loan to a creditor who is the date of a loan agreement on the date of the first credit guarantee term (which is extended until February 26, 2014) by February 26, 2014. The Plaintiff, upon entering into an agreement with the Securities and Exchange Co., Ltd. to grant a loan to a creditor who is the date of the first credit guarantee term (which is extended until February 26, 2016), was objectively deemed necessary for the Plaintiff to exercise a separate credit guarantee and the Plaintiff’s credit guarantee obligation against each of the creditors or other creditors when it is objectively deemed necessary for the Plaintiff to exercise a separate credit guarantee and the other creditors’ credit guarantee and the other creditors’ credit guarantee obligation, without any other credit guarantee or other creditor’s credit guarantee obligation.

B. (1) On April 2, 2015, the Dispute Resolution Co., Ltd, including the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, did not pay interest on each of the above loans. A national bank, at that time, notified the Plaintiff of the occurrence of a credit guarantee accident for the loss of the term interest.

(2) On July 31, 2015, the Plaintiff: (a) to the Bank of Korea, the Bank of Korea, set forth above No. 1.

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