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Reasons
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(영문) 서울중앙지방법원 2016.07.15 2015가단54279
구상금 등
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1. Defendant A and B jointly and severally liable to the Plaintiff for KRW 50,434,00 and the Plaintiff’s amount from February 4, 2015 to March 5, 2015.

Reasons

1. Case summary

A. On January 20, 201, the Plaintiff sought reimbursement from Defendant A and B in accordance with the authorization and license guarantee insurance contract and joint and several guarantee contract. ② As to Defendant C, the joint and several guarantee claim against Defendant B is a secured bond, and as to the real estate indicated in the attached Form (hereinafter “instant house”) concluded between Defendant B and Defendant C, the Plaintiff sought restitution by the cancellation of the sales contract and compensation for value.

B. As to this, Defendant A and B shall not answer the receipt of a copy of the complaint in a way that does not go through service by public notice.

C. Defendant C asserted that ① claims against Defendant A and B arising before the conclusion of the above sales contract, which were asserted by the Plaintiff, cannot be the preserved claim for revocation of fraudulent act, ② Defendant A and B had sufficient financial resources, ③ the instant housing was originally owned by Defendant C or their spouse under title trust with Defendant B, and thus, it does not constitute a fraudulent act.

2. Presumption of premise;

A. The Plaintiff and the Defendant Dispute Resolution Co., Ltd. (A) and the Defendant Dispute Resolution Co., Ltd. (A) are causing KRW 90,00,000 capital established on April 9, 2010, and the Plaintiff and the Defendant Dispute Resolution Co., Ltd. filed an application for approval of a project plan and an application for approval for the establishment of a new factory with the head of Pyeongtaek-gun, the competent administrative agency, for the construction of a timber factory. The Defendant Dispute Resolution Co., Ltd received a disposition of permission from the head of Pyeongtaek-gun to January 9, 201, for each of the above applications, from January 10, 201 to January 9, 201, to the effect that the period of permission is “from January 10, 201 to January 9, 2013”; the place of the authorization and permission is “Y-gun,” “50,434,000 won”, and the Plaintiff and the Defendant Dispute Resolution Co., Ltd, around January 20, 2011

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