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(영문) 서울중앙지방법원 2015.11.12 2015가합522373
구상금 및 사해행위취소 등 청구의 소
Text

1. As to real estate listed in the annex 1 list:

A. The sales contract concluded on June 17, 2014 between Defendant A and E is concluded.

Reasons

1. Basic facts

A. 1) On June 14, 2013, the Plaintiff entered into the instant credit guarantee agreement, etc., and the Plaintiff is H Co., Ltd. (hereinafter “Nonindicted Company”).

B) On June 26, 2013, the non-party company entered into a credit guarantee agreement with the Industrial Bank of Korea to set the guarantee amount of KRW 520,50,506,00, and from June 14, 2013 to June 13, 2014. G, the representative of the non-party company, E and his/her spouse, were jointly and severally guaranteed all of the obligations under the credit guarantee agreement with the non-party company against the plaintiff of the non-party company, together with I and J, which are G’s punishments. 2) On June 26, 2013, the non-party company was granted a loan of KRW 650,632,50 on the security of the credit guarantee certificate issued by the plaintiff from the Industrial Bank of Korea as the maturity date of payment on June 13, 2014.

3) After June 13, 2014, the non-party company was unable to repay the principal and interest of the loan to the Industrial Bank of Korea. On the same day, upon the application of the non-party company, E, G, etc., the Plaintiff notified the Industrial Bank of Korea of the change of the terms and conditions of the credit guarantee to the effect that the guaranteed amount was 520,506,000 won from 520,506,000 won to 49,200,000 won under the existing credit guarantee agreement, and that the term of guarantee was changed from June 13, 2014 to December 12, 2014. (B) The non-party company was unable to repay the principal and interest of the loan to the second Industrial Bank of Korea on December 12, 2014, and the Plaintiff paid the principal amount by subrogation to the Industrial Bank of Korea on March 23, 2015.

2) Thereafter, the Plaintiff recovered KRW 2,700,286 on March 24, 2015, and KRW 129,000,000 on April 10, 2015, respectively. 3) In the instant lawsuit, the decision of recommending reconciliation became final and conclusive that “the Plaintiff and the Nonparty Company, E, and G, etc. jointly and severally, pay the Plaintiff the amount of indemnity and penalty for delay, as well as the delayed payment thereof,” and that “the Plaintiff shall jointly and severally pay the amount of indemnity and penalty for delay.”

C. On June 17, 2014, E and G’s disposal of each property, 1 E and G’s disposal of real estate indicated in the separate sheet No. 1 attached hereto with Defendant A.

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