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(영문) 서울중앙지방법원 2016.02.25 2015가합565103
구상금 및 사해행위 취소의 소
Text

1. As to Defendant A and B’s joint and several liability for KRW 449,353,652 and KRW 179,830,219 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on September 8, 2015.

Reasons

1. Indication of claim;

A. As to Defendant A and B, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “A”) on May 9, 2013 and May 30, 2014, and Defendant B jointly and severally guaranteed obligations under the respective credit guarantee agreement.

On May 30, 2015, there was an accident of guarantee stipulated in the above credit guarantee agreements.

On September 8, 2015, according to the credit guarantee agreement as of May 30, 2014, the Plaintiff subrogated the Defendant A to a new bank as of September 8, 2015, and under the credit guarantee agreement as of May 9, 2013, respectively, to the Industrial Bank of Korea on September 21, 2015.

Accordingly, the Plaintiff seek against the above Defendants the payment of the remaining amount of reimbursement (the deduction of a partial collection from the subrogated payment), final damages, attempted penalty, expenses for preserving the claim, and damages for delay on the remaining amount of reimbursement.

B. As to the Defendant Hongcheon Comprehensive Aggregate Co., Ltd., the Plaintiff was the Plaintiff.

The creditor of the defendant A, such as the paragraph, is the defendant A.

A sales contract concluded on March 17, 2015 with Defendant A, a debt excess, on the construction machinery listed in the separate sheet with the Redcheon Comprehensive Aggregate Stock Company on March 17, 2015 constitutes fraudulent act.

Accordingly, the plaintiff seeks the cancellation of the above sales contract against the defendant Hongcheon Comprehensive Aggregate Building Co., Ltd. and restitution following the cancellation of the contract.

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

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