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(영문) 서울고등법원 2018.05.31 2017나2038080
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

B Co., Ltd. against each of the Defendant, and September 23, 2013.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff Company D (hereinafter “D”)

B) The three credit guarantee agreement was concluded with each other [127,50,000 won guaranteed on March 11, 2005, 176,000,000 won guaranteed on May 26, 2008, and 32,000 won guaranteed on January 8, 2009 (a later change to 141,750,000 won)]. D submitted a credit guarantee letter issued by the Plaintiff and received loans from the Industrial Bank of Korea totaling KRW 570,00,000 from D on December 9, 2009.

3) Upon the issuance of a credit guarantee accident on November 22, 2012, the Plaintiff filed a lawsuit seeking reimbursement against B pursuant to Article 530-9(1) of the Commercial Act after paying a total of KRW 429,486,281 on March 25, 2013 by subrogation and collecting part of the amount of KRW 429,48,281 on behalf of the Industrial Bank of Korea (Seoul Western District Court Decision 2014Da202014). On June 26, 2014, the said court rendered a final judgment that “B shall jointly and severally with D to the Plaintiff for KRW 262,156,85 and KRW 257,909,498 on KRW 120 per annum from March 25, 2013 to February 6, 2014; and that payment of KRW 200,000 per annum from the following day to the date of full payment of the Promissory Notes was finalized on July 1313, 2019, 2014.

On October 21, 2013, on the basis of the above notarial deed, the Defendant received on October 21, 2013 an order of seizure and assignment of claims for construction cost against the Korea Electric Power Corporation.

(The District Court 2013TTTT 2013TT 19405). 2 also the defendant on December 11, 2013, the face value of KRW 5 billion, the payee, the place of issuance, the place of payment, and the place of payment, respectively.

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