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(영문) 서울중앙지방법원 2015.07.10 2014가합39379
구상금 등
Text

1. The Plaintiff within the scope of the property inherited from the net G:

(a) Defendant F (Appointed Party) is KRW 248,312,00,00;

Reasons

1. Facts of recognition;

A. On February 15, 2011, the Plaintiff entered into a credit trading agreement with the Plaintiff Company I (hereinafter “I”) with the guarantee limit of KRW 8,885,60,000. On the same day, the net G jointly and severally guaranteed the Plaintiff’s obligation owed by I pursuant to the above agreement.

From around that time, the Plaintiff issued 35 copies of the performance guarantee certificate equivalent to KRW 2,00,064,183, each of which is equivalent to KRW 17,67,00,000, and one of the advance payment guarantee certificates equivalent to KRW 79,064,966, respectively.

B. From 2010 to 2010, I aggravated profitability due to the decline in sales in construction competitions and the continuous increase in the burden of expenses, such as sales expenses, management expenses, and non-business expenses. In the latter part of 2013, the financial situation such as the imposition of additional tax amounting to KRW 700,000,000, etc. through a tax investigation, which led to a situation in which it is difficult to continue to operate the business, and on November 29, 2013, the I applied for commencement of corporate rehabilitation procedures on November 29, 2013, and most employees retired from the office around December 2013.

I withdrawn the application for rehabilitation on January 23, 2014, and was declared bankrupt on May 23, 2014 by Seoul Central District Court 2014Hahap17.

C. From July 2014 to January 5, 2015, the Plaintiff paid KRW 322,00,000 to Hyundai Construction Co., Ltd., Hyundai Engineering Co., Ltd., Hyundai Engineering Co., Ltd., and two mountain construction Co., Ltd., and recovered KRW 1,219,636 among them.

In addition, from November 2012 to September 2014, the Plaintiff received a claim for the performance of a surety obligation equivalent to KRW 994,371,608 in total from Samsung Heavy Industries Co., Ltd., Gaba Construction Co., Ltd., Gold Industries Co., Ltd., gold industry Co., Ltd., Ltd.

On November 27, 2013, the net G entered in the separate sheet (hereinafter “instant apartment”) with Defendant A, the wife, entered into a mortgage agreement with the maximum debt amount of KRW 832,500,000 with respect to the real estate, the only property of which is one of the parties’ properties, and on November 28, 2013, Defendant A entered into a mortgage agreement with respect to the said apartment.

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