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(영문) 서울중앙지방법원 2017.06.13 2016가단5112498
구상금등
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 173,433,970 and KRW 173,133,879 among them.

Reasons

1. Claims against Defendant A (hereinafter “Defendant Company”) and B

A. Indication of Claim: The description of the relevant part of the grounds for the claim is as stated in the attached Form.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant C

A. The facts listed in the separate sheet No. 1-A or (c) as the grounds for the claim, and the facts that Defendant B concluded a sales contract with Defendant C on July 20, 2015 on the real estate listed in the separate sheet owned by Defendant C and Defendant B, and on the same day, the fact that the registration of ownership transfer has been completed with Defendant C on the same day is not disputed between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each of the statements listed in subparagraphs A1 through 5 (including

B. In light of the following circumstances, the Plaintiff’s claim for indemnity against Defendant B becomes the preserved claim for fraudulent act, which is acknowledged as comprehensively considering the overall purport of the pleadings as set out in each of the evidence Nos. 1 through 5 (including paper numbers) of the existence of the preserved claim A.

(1) On April 11, 2013, prior to the date of entering into the instant sales contract, a credit guarantee contract was concluded between the Plaintiff and the Defendant Company whose representative director was the Defendant Company. On the same day, a joint and several guarantee agreement was entered into between the Plaintiff and the Defendant B under the said credit guarantee contract, and the legal relationship that forms the basis of establishing the Plaintiff’s claim against

D. The Defendant Company was wrong on August 3, 2015, which was about 14 days after the conclusion of the above sales contract, due to the registration of credit management information (including national taxes in arrears) on August 3, 2015. There was a high probability that the Plaintiff’s claim for indemnity against Defendant B (or right to indemnity) should be established under the credit guarantee contract and joint and several guarantee contract in the near future.

In fact, on January 8, 2016, the plaintiff acquired the claim for reimbursement against the defendant B by paying the principal and interest of the defendant company and B by paying it to the Industrial Bank of Korea.

(c).

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