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(영문) 대전지방법원 2014.08.13 2013가합102866
사해행위취소등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is a person who has entered into a credit guarantee agreement with C Limited Partnership (hereinafter “C”) operated by B, and the Defendant is a spouse of B and is a company director of D Co., Ltd. (hereinafter “D”) established on December 27, 2005.

B. The Plaintiff’s occurrence of claims, such as the amount of indemnity against B, etc. 1) The Plaintiff is a Jinjin Industrial Co., Ltd. (hereinafter “Cinjin Industry”).

(1) The judgment of Seoul Western District Court 206Hun-Ba1735 delivered on April 10, 206 against E, B, F, C, and G was rendered a final judgment as follows. The judgment became final and conclusive around that time. The judgment was jointly and severally rendered on 121,490,696 won and 108,144,642 won from July 14, 1995 to 502,719,719,717 won and 250,16,930,000 won from the said court 2,50,000 won from the said court 2,50,000 won from the said court 2,530,000 won from the said court 2,570,000 won from the said court 1,570,000 won from the said court 2,50,000 won from the said court 94,719,75,000 won from the said amount of KRW 195,5,194,5.19

C, B, and C jointly and severally with the Plaintiff 95,943,037 won and 82,926,328 won among them shall be paid 17% per annum from July 31, 1995 to January 31, 1998, 25% per annum from February 1, 1998 to August 31, 1998, 20% per annum from September 1, 1998 to December 31, 1998, and 18% per annum from the next day to December 31, 1998, and 30% per annum from the next day to the date of full payment. C shall be jointly and severally paid to the Plaintiff.

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