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(영문) 서울중앙지방법원 2014.11.20 2013나44224
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The scope of the trial at the court of first instance requested the co-defendant A, B, C, D, F, and Defendant E to claim monetary payment. The court of first instance revoked the Plaintiff’s claim for monetary payment and the contract of donation between Defendant E and the co-defendant A on the real estate of this case, and dismissed both the primary claim and the conjunctive claim on the real estate of this case 2 through 5. The court of first instance dismissed all the primary and conjunctive claims on the real estate of this case 2 through 5.

Since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the primary and conjunctive claims against the defendant E concerning the claim for restitution due to the cancellation of the fraudulent act regarding the real estate of this case, and the claim for revocation of the fraudulent act concerning the real estate of this case 2 to 5, and the restoration to its original state.

2. Facts of recognition;

A. The Plaintiff’s monetary claims against Co-Defendant B and Defendant E (hereinafter “Defendant A, B, C, D, and F” as indicated in the “Cause of Claim” (the “C, D, and F” in all of its entries is converted into “Co-Defendant A, B, C, D, and F”), and the Plaintiff entered into a credit guarantee agreement four times between the Co-Defendant A and the Co-Defendant A under the joint and several guarantee of the first instance court’s Co-Defendant B and Defendant E, and between January 26, 2006 and December 15, 2010 (the Defendant E was jointly and severally liable for the Plaintiff only at the time of the third credit guarantee agreement as set forth below).

The Co-Defendant A Co-Defendant A, Ltd. of the first instance trial, obtained loans from the Industrial Bank of Korea on the security of each of the above credit guarantee certificates, and subsequently received loans more than four times.

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