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(영문) 인천지방법원 2017.11.17 2017가합50156
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 283,008,142 and KRW 40,293,151 among them, June 2016.

Reasons

The part concerning the above Defendants among the grounds for the indication of the claim for determination as to the claim for reimbursement against Defendant A and B

Judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act) based on recognition (Article 208(3)3 of the Civil Procedure Act) is identical to the part on the above defendant among the grounds for the indication of the claim for revocation of fraudulent act

The judgment based on the confessions based on recognition (Article 208(3)2 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act) concluded three credit guarantee agreements as listed below to secure the principal and interest of loans granted by Defendant A (hereinafter “Defendant A”) and Defendant A from each bank.

(hereinafter referred to as the “instant guarantee contract” in common, and individually referred to as the “instant guarantee contract.” Serial Nos. 101-02-16 (2017-02-10), 108,000,000 US Bank Operation Funds 2009-09-09-111 (2016-09-02), 50,000,000,000 50,000 50,000,000 135,002-12 (2017-02-10), 2016-02-12 (2017-2-10), 135,000,500, 100, 100, 100, 200, 200, 200, 200, 200, 200, Defendant Bank’s debt guarantee contract issued by each of the instant parties.

According to the contract of this case, when the plaintiff performed the guaranteed obligation, the defendants shall pay damages calculated by multiplying the amount of the performance by the rate set by the plaintiff from the date of the performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and unpaid guarantee fees.

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