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1. The plaintiff's bankruptcy debtor A and C shall confirm that each bankruptcy claim against the plaintiff's bankruptcy debtor A and C is KRW 368,410,958.
2. The plaintiff's defendant D.
Reasons
1. Claim against B, which is each of the lawsuits taken over by the defendant A and C, by the defendant A and C;
A. On March 6, 2013, Defendant A and C jointly and severally guaranteed the credit goods payment liability of KRW 350 million against the Plaintiff of F Co., Ltd. for the Plaintiff.
However, on May 4, 2016, Defendant A and C received a ruling of bankruptcy in Suwon District Court 2015Hadan4584, 4585.
Therefore, the Plaintiff’s bankruptcy claim against A and C is KRW 350,000,000,000 for joint and several debt debt and KRW 6% damages for delay from June 19, 2015 to the day before the above bankruptcy is declared in total of KRW 368,410,958 for 18,410,958.
(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against Defendant E and D
A. Basic facts (1) The Plaintiff of the preserved claim held credit against F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and Defendant A and C, the joint representative director of the Nonparty Co., Ltd., jointly and severally guaranteed 350 million won out of the above goods payment obligation against the Plaintiff of the Nonparty Co., Ltd. on March 6, 2013.
(2) On June 11, 2015, Defendant A entered into a sales contract with Defendant D to sell real estate (hereinafter “real estate 1”) in attached Form 1, which is the only property to Defendant D, for KRW 158,00,000 (hereinafter “first sales contract”); and on June 16, 2015, Defendant A completed the registration of ownership transfer for real estate 1.
(B) At the time of the 1st sales contract, Defendant A was insolvent, and Defendant A did not own other properties except the 1st real estate.
(3) On June 15, 2015, Defendant C’s disposal act (A) entered into a sales contract to sell real estate listed in attached Form 2, which is the only property to Defendant E (hereinafter “second real estate”) with the sales price of KRW 152,00,000,000, together with the sales price of KRW 152,00,000, which is the co-owner (hereinafter “second sales contract”), and on June 18, 2015, Defendant E with respect to the second real estate.