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(영문) 서울중앙지방법원 2014.11.21 2014가합554571
구상금
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 203,116,307 and KRW 202,690,158 among them, respectively.

Reasons

1. Indication of claim;

A. On June 28, 2011, Defendant A Co., Ltd and the Plaintiff concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on the credit guarantee principal of KRW 198,00,000, and the credit guarantee period from June 28, 2011 to June 27, 2012, on the security of the credit guarantee certificate issued by the Plaintiff, the Defendant Company subrogated for KRW 202,690,158 to Nonparty Bank on April 17, 2014.

Therefore, the Defendants are jointly and severally liable to pay 203,116,307 won (202,690,158 won remaining expenses for preserving the claims by subrogation) and damages for delay for the amount of subrogated payment under the above credit guarantee agreement.

B. On November 13, 2013, Defendant C’s credit guarantee accident occurred with respect to the above loans, and around that time, the Plaintiff’s claim for advance reimbursement occurred, and Defendant B sold real estate indicated in the disposition on November 13, 2013 to Defendant C constitutes a fraudulent act detrimental to general creditors, including the Plaintiff.

Therefore, the above sales contract should be revoked, and the defendant C should implement the procedure to cancel the transfer registration of ownership after completing the real estate recorded in the order.

2. Applicable provisions of Acts: Judgment without pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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