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(영문) 서울고등법원 2015.08.27 2015나2001459
사해행위취소
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. As of October 16, 2003, the Plaintiff’s personal business entity A operated under the trade name “D” was changed to F in around 2008 and G in around 2012 in succession with its trade name as of October 16, 2003. Codefendant A (hereinafter “A”) in the first instance trial, who operated “A”.

between the Corporation and the National Federation of Fisheries Cooperatives (hereinafter referred to as the “NFC”) shall provide the credit guarantee principal of KRW 40 million, the credit guarantee period from October 16, 2003 to October 15, 2004, and the creditor shall be the National Federation of Fisheries Cooperatives (hereinafter referred to as the “NFFC”).

(i)a credit guarantee agreement to be made (hereinafter referred to as “1 credit guarantee agreement”);

On the same day, B entered into a credit guarantee agreement and jointly and severally guaranteed the liability for indemnity to be borne by A in accordance with the above agreement. (2) The Plaintiff entered into a credit guarantee agreement with A on March 20, 2009, with the principal of the guaranteed principal of KRW 40 million, the principal of the guaranteed principal of KRW 40 million, the principal of the guaranteed principal of the surety A (D), and the term of the guarantee amount of KRW 50 million (80%) on October 15, 2004, and A submitted the credit guarantee agreement to NFF as a collateral and obtained a loan. (3) After the period of the credit guarantee agreement was extended 11 times and changed until December 31, 2013. (2) The Plaintiff entered into the credit guarantee agreement with A and the joint and several debt guarantee agreement between B and the creditor who operated the personal enterprise as of March 20, 209, and the period of the credit guarantee agreement between B and B (200,000 won).

② On March 19, 2010, the Plaintiff issued to A a credit guarantee certificate (guarantee No. H) with the principal of the guaranteed principal of KRW 47.5 million, the principal of the guaranteed principal of the guaranteed principal of KRW 47.5 million, the term of the guaranteed principal of KRW 50 million, and the estimated amount of the loan of KRW 50 million (95%) pursuant to the Credit Guarantee Agreement, and A has the said credit guarantee certificate to the Industrial Bank of Korea.

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