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(영문) 수원지방법원성남지원 2015.12.18 2014가단40519

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Specialized Construction Mutual Aid Association’s indemnity claim 1) Specialized Construction Mutual Aid Association against the Plaintiff and Defendant B is D Co., Ltd. (hereinafter “D”).

(D) The respective Limit Trade Agreements (hereinafter referred to as “each Limit Trade Agreements”) with the following terms and conditions, to which a guarantee may be granted by the Specialized Construction Mutual Aid Association within the extent of the limit agreed upon by D:

E Co., Ltd. (hereinafter referred to as “E”)

(F) F Co., Ltd. (hereinafter “F”).

(2) On September 1, 2001, G, H, Plaintiff B, and Defendant B jointly and severally guaranteed the indemnity obligation against D’s specialized construction mutual aid association based on the respective limit transaction agreements. On September 1, 2001, the guarantee limit (unit) date of the contract, the bidding guarantee was concluded with each of the instant guaranty creditors’ respective guaranty creditors’ warranty liability guarantee obligations of 20,000,000 won for the general guarantee payment guarantee period of 9,886,50,500,500,591,000,000 from September 1, 2001 to July 26, 2002, 200, and each of the instant guaranty creditors’ respective guaranty creditors’ warranty obligations of 20,000,00038,520,0000,560,0000,0000,0000,0000,000,000).

3 Specialized Construction Mutual Aid Association filed a lawsuit against a joint and several liability guarantor for indemnity against D based on each of the instant credit transaction agreements, including the Plaintiff, Defendant B, etc., with Seoul Central District Court 2014Gahap14516. On November 21, 2014, the said court jointly and severally held with the Specialized Construction Mutual Aid Association E, F, G, H, H, Defendant B, and the Plaintiff for a total of KRW 53 million and KRW 13 million among the joint and several liability guarantors. From June 8, 2012 to October 21, 2014, with respect to KRW 40 million, the amount of KRW 6% per annum from the following day to the date of full payment, and from the date of full payment to the date of full payment, the amount of KRW 20% per annum, E, F, H, Defendant B, and the Plaintiff shall be jointly and severally held with the Specialized Construction Mutual Aid Association.