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(영문) 서울중앙지방법원 2015.04.14 2015가합502492
구상금
Text

1. Defendant A and B Co., Ltd. jointly and severally with the Plaintiff KRW 140,418,071 and KRW 135,494,151 out of the above amount.

Reasons

1. Indication of claim;

A. On December 9, 2013, the Plaintiff Company A (hereinafter “Defendant Company”) and B, and the Defendant Company concluded a credit guarantee agreement and jointly and severally guaranteed the obligation pursuant to the said credit guarantee agreement with the Plaintiff on the part of the Plaintiff, and the occurrence of the guarantee accident, the Plaintiff made a claim against the said Defendants, the primary debtor and the joint and several sureties, for the amount of the previous substitute payment and the damages for delay in the amount of the reimbursement, which the Plaintiff acquired as a result of subrogation for the Defendant Company’s loan to the Industrial Bank of Korea on October 20, 2014.

B. The Plaintiff filed a claim against Defendant C.

As creditors of Defendant B, such as the same as the foregoing, on August 6, 2014, for the reason that concluding a mortgage contract with Defendant C regarding real estate recorded in the separate sheet was a fraudulent act detrimental to the general creditors, including the Plaintiff, etc., on the ground that it constitutes a fraudulent act detrimental to the general creditors, which was committed against Defendant C, the beneficiary, and the claim for restitution following the cancellation thereof.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

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