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(영문) 서울중앙지방법원 2019.01.24 2018가단5101287
사해행위취소
Text

1. Defendant A and B jointly and severally filed a claim against the Plaintiff for KRW 28,098,269 and KRW 28,097,982 among them.

Reasons

1. As to the claim for reimbursement against Defendant A

(a)as shown in the corresponding part of the grounds for the attachment of the claim;

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. As to the Plaintiff’s claim for indemnity against Defendant B, the facts of this part of the claim against the Defendant as stated in the attached Form as to the Plaintiff’s claim for indemnity against the Defendant as above do not conflict between the parties, or can be recognized by comprehensively taking account of the entries in Gap’s evidence Nos. 1 through 7. The Defendant B, jointly and severally with the Defendant Co., Ltd., is liable to pay to the Plaintiff a total amount of KRW 28,098,269 and the principal amount of KRW 28,097,982, the date of subrogation, from October 20, 2017 to May 29, 2018, the delivery date of the copy of the complaint in this case against Defendant B, the agreed delay damages rate of KRW 10% per annum, and damages for delay by 15% per annum as stipulated in the Act on Special Cases concerning the Promotion,

3. As to the revocation of fraudulent act against Defendant C and the claim for restitution to its original state

(a)as shown in the corresponding part of the grounds for the attachment of the claim;

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

4. Therefore, we decide to accept all the Plaintiff’s claims against the Defendants. It is so decided as per Disposition.

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