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Reasons
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(영문) 서울남부지방법원 2011.06.10 2010가합19328
사해행위취소 등
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1. The counterclaim of this case shall be dismissed.

The claim of the plaintiff against the counterclaim is all dismissed.

3. Litigation costs.

Reasons

1. Basic facts

A. The Plaintiff’s joint and several sureties 1) The Plaintiff between the Industrial Bank of Korea and B on June 1, 2007 (hereinafter “B”).

(2) On June 8, 2007, the Plaintiff jointly and severally guaranteed a loan obligation to be borne by the Bank by borrowing a sum of KRW 500,000,000 from the Industrial Bank of Korea. (3) On June 8, 2007, the Plaintiff borrowed KRW 400,000 from the Korea Federation of Small and Medium Business and the Korea Federation of Small and Medium Business to the Korea Federation of Small and Medium Business.

B. B B’s default, etc. 1) around July 2007 through October 20, 2007 (hereinafter “Defendant Musan Comprehensive Construction”) and Defendant Musan Comprehensive Construction Co., Ltd. (hereinafter “Defendant Musan Comprehensive Construction”).

2) The Seoul Seocho-gu Seoul Metropolitan Government New Construction Corporation, Cheongju-si D New Construction Corporation, and F building Construction Works in Jongno-gu Seoul Metropolitan Government E, which were jointly contracted by the parties, had been subcontracted for the construction works. 2) Defendant Sejong Central Construction Project, etc. was unable to receive the subcontract price due to the default on April 2008, and B also lost the benefit of each loan extended to the Industrial Bank of Korea and the Korea Federation of Small and Medium Business due to the default on payment by around that time.

C. At around that time, the Seoul Central District Court 2008Gahap10916 rendered a lawsuit against the Plaintiff for the payment of the joint and several liability amounting to KRW 201,622,724 and damages for delay of KRW 185,747,248. The Plaintiff filed an appeal (Seoul High Court 2009Na53422) and filed an appeal (Supreme Court 2010Da104122) but the judgment of dismissal of appeal on April 29, 2010 became final and conclusive.

2. The Korea Federation of Small and Medium Business:

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