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(영문) 창원지방법원진주지원 2014.02.21 2013가단31799
구상금
Text

1. As to the Plaintiff, Defendant A and B jointly and severally with the Plaintiff KRW 104,735,515 and KRW 101,558,082 among them, from March 29, 2013.

Reasons

1. Determination as to the claim against Defendant A and B

(a)the reasons for the indication of the claim are as set out in the annex;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant C, D, and E

A. Facts of recognition 1) The Plaintiff’s claim for indemnity against Defendant A and B is as indicated in the corresponding sheet among the grounds for the Plaintiff’s claim. 2) The Defendant A and the Defendant C and D’s property legal act and property legal act between Defendant B and the Defendant E) on January 4, 2013 (hereinafter “instant one real estate”).

(2) On January 4, 2013, Defendant C concluded a contract to establish a collateral security with Nonparty F and the maximum debt amount of KRW 273 million with respect to the said real estate, and concluded a contract to establish a collateral security (hereinafter “instant real estate”) with Defendant D on April 8, 2013 with the debtor as to the instant real estate (hereinafter “instant real estate”) and received the registration of the ownership transfer from Defendant E and the attached list 5 real estate (hereinafter “instant real estate”) on November 13, 2012 with Defendant E and the attached list 1617, which was received on April 9, 2013.

3) At the time of performing each of the above property legal acts, Defendant A, and B’s details of active and negative properties owned by Defendant A and B at the time of performing the remaining Defendants’ property legal acts as above are identical to the details of Defendant A and B’s active and passive properties. [The grounds for recognition] did not conflict with each other, Party A’s evidence (including each number), Party A’s evidence Nos. 1 through 7 (including each number), and Party A’s evidence Nos. 11 through 17 (each number including each number), tax information reply, and tax information reply.

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