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(영문) 서울중앙지방법원 2017.04.04 2016가합574760
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 366,93,890 and KRW 365,031,110 among them.

Reasons

1. Indication of claim;

A. On April 3, 2015, the Plaintiff entered into an export credit guarantee agreement with Defendant A Co., Ltd., and Defendant B jointly and severally guaranteed obligations under the export credit guarantee agreement with Defendant A Co., Ltd., and on September 13, 2016, the Plaintiff filed a claim for reimbursement (365,031,110 won in subrogation payment, 1,902,780 won in subrogation payment, annual interest rate of 11% in subrogation payment, annual interest rate of 11% in subrogation payment, and date of service of a copy of each complaint against Defendant A and B on December 15, 2016).

B. A claim against Defendant Woori Bank Co., Ltd. and Defendant Woori Bank Co., Ltd. on December 3, 2015 regarding each real estate listed in the separate sheet, which was concluded on December 3, 2015, constitutes a fraudulent act against the Plaintiff, a creditor of Defendant A Co., Ltd., and a claim for the cancellation and restitution of the aforementioned contract.

C. On March 22, 2016, the right to collateral security contract concluded between Defendant A, Defendant A, and Defendant C, on each real estate listed in the separate sheet, on March 22, 2016, on the ground that the contract constitutes a fraudulent act against the Plaintiff, which is a creditor of Defendant A, the said right to collateral security contract, and the right to claim restitution thereof.

2. Article 208 (3) 2 of the Civil Procedure Act that makes a judgment of deemed confession.

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