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(영문) 서울중앙지방법원 2015.01.22 2014가합568150

구상금

Text

1. Defendant A and B shall be jointly and severally liable to the Plaintiff, and KRW 620,145,256 among them and KRW 619,892,542 among them shall be jointly and severally liable to the Plaintiff. < Amended by Presidential Decree No. 25502, Jul. 31,

Reasons

On May 4, 2010, the Plaintiff entered into a credit guarantee contract with Defendant A Co., Ltd. and issued a credit guarantee certificate.

(Guarantee Creditor Co., Ltd., 722,50,000 won, guarantee term until June 5, 2014). Defendant B guaranteed the obligation under the guarantee contract of Defendant A.

On April 5, 2014, the guarantee accident occurred, and the plaintiff paid 619,892,542 to the bank of Korea on behalf of the plaintiff.

On the other hand, on May 8, 2014, Defendant B made a pre-sale agreement with Defendant C with regard to the land sizeing to 8,824 square meters of D forest land in Pyeongtaek-gun, Gyeonggi-do, which is the real property owned by Defendant B, and completed the registration of the right to claim ownership transfer against Defendant C.

Defendant A and B are jointly and severally liable to pay to the Plaintiff KRW 620,145,256 (the performance amount for the guaranteed obligation of KRW 619,892,542) and damages for delay.

The reservation made by Defendant B and C on May 8, 2014 constitutes a fraudulent act and revoked.

As a result, Defendant C is obligated to implement the procedure for cancellation registration of the provisional registration of the right to claim ownership transfer under Section 2(b) of the Disposition.

(Judgment through Service by Public Notice: Article 208 (3) 3 of the Civil Procedure Act)