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Reasons
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(영문) 서울중앙지방법원 2015.06.05 2014가단188939
구상금등
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1. Defendant A’s KRW 16,874,00 for the Plaintiff and KRW 5% per annum from August 28, 2014 to November 11, 2014.

Reasons

1. Basic facts

A. Defendant A’s debt (1) Defendant A’s debt to the Plaintiff (hereinafter “Defendant A”) served as the principal place of business at the C Office of C of C of C of C of C of C of C of C of C of C of C of C of C of C of B of Export and Import Containers Transport Co., Ltd. (hereinafter “C of C of C of C of C of D of D of D of D of D of D of D ofC. In this regard, the Plaintiff and the Non-Party Company entered into a contract for fidelity guarantee with the intent of the Plaintiff to pay damages on behalf of the Non-Party Company during the period from January 1, 2012 to December 31, 2012.

(2) Defendant A was prosecuted for committing an offense, such as in violation of his/her duties from June 17, 201 to August 16, 2012, and obtaining pecuniary benefits equivalent to KRW 216,730,500, and causing damages to Nonparty A to the same amount, and was sentenced to a sentence on July 24, 2014.

(3) On August 27, 2014, the Plaintiff paid the insurance proceeds of KRW 16,874,000 with respect to damages caused by the breach of trust during the insurance period, upon the request of the non-party company.

B. On June 22, 2006, the Defendants jointly purchased the instant apartment and jointly owned 1/2 shares of each of the instant apartment on June 22, 2006. On April 22, 2013, Defendant A entered into a gift contract with the content that he/she donated all of his/her share to Defendant B (hereinafter “the instant gift contract”) and completed the transfer registration as the head of Suwon District Court’s registry office on May 1, 2013.

(2) On October 15, 2013, Defendant B entered into a sales contract with D to sell the instant apartment in KRW 200 million, and completed the registration of ownership transfer on November 15, 2013.

(3) The apartment of this case set forth a right to collateral security of KRW 101,880,00,000 for the debtor, the mortgagee, the Korea C&T Bank, the maximum debt amount.

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