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(영문) 서울중앙지방법원 2018.10.16 2016가단5114449

구상금 등 청구의 소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 151,061,090 and KRW 151,060,866 among them. < Amended by Presidential Decree No. 27069, Apr. 8, 2016>

Reasons

1. The facts of the reasons for the claim for reimbursement against Defendant A and B are as follows: (a) the Defendant Company A (hereinafter “Defendant A”) and B do not clearly dispute the claim; or (b) the statement Nos. 1 through 8 (if any, the indication is omitted) can be acknowledged by taking into account the overall purport of the pleadings.

Therefore, the aforementioned Defendants, as the primary debtor and joint guarantor of a credit guarantee agreement, are jointly and severally liable to pay to the Plaintiff the amount of KRW 151,060,866, totaling KRW 151,061,090, totaling KRW 224, totaling the amount of finalized damages paid by the Plaintiff, and KRW 151,060,866, total amount of subrogated payment, from April 8, 2016, which is the date of subrogation, until June 27, 2016, the date of final delivery of the complaint to the said Defendants sought by the Plaintiff, are 10% per annum per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following to the date of full payment.

b. Claim for the revocation of fraudulent act against the defendant C, D, E, and F and restitution to its original state;

A. On or before December 29, 2015, Defendant B entered into a contract with Defendant C, D, E, F with regard to real estate owned by him/her, pre-sale contract, pre-sale contract, mortgage contract, etc., and completed the registration of the said Defendants on the grounds thereof, as stated in the purport of the claim regarding real estate owned by him/her.

This act is a fraudulent act with the knowledge that Defendant B would impair the creditor by reducing his responsible property. At the time, the Plaintiff’s prior right to indemnity under the credit guarantee agreement of this case was caused or established as a basis, and there was a high probability of such occurrence. Since the prior right to indemnity and the right to indemnity after the occurrence of the prior right to indemnity, such prior right to indemnity is a preserved claim for the obligee’s right to revocation, the Plaintiff may seek revocation of each contract concluded with Defendant C, D, E, and F, the beneficiary of the fraudulent act.