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(영문) 서울중앙지방법원 2015.04.09 2014가합589003
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally agreed with the Plaintiff regarding KRW 213,536,719 and KRW 213,533,602 of the said amount.

Reasons

1. Indication of claim;

A. On May 31, 2012, the Plaintiff Company A (hereinafter “Defendant Company”) and B and the Defendant Company concluded a credit guarantee agreement and jointly and severally guaranteed the obligation pursuant to the said credit guarantee agreement against the Plaintiff on the part of the Defendant Company. On September 23, 2014, the Plaintiff’s claim against the said Defendants, the primary debtor and the joint and several sureties, as to the claim for reimbursement and its delayed payment incurred by the Plaintiff by subrogation for the Defendant Company’s loan to the New Bank on September 23, 2014 due to the occurrence of the guarantee accident.

B. The Plaintiff filed a claim against Defendant C.

The creditor of Defendant B, like the same as the above, on January 27, 2014, selling of each real estate listed in the separate sheet to Defendant C on the ground that the sale of each real estate in excess of the debt constitutes a fraudulent act detrimental to general creditors, including the Plaintiff, etc., and thus, a claim for restitution following the cancellation and cancellation of the above sale contract against Defendant C, a beneficiary, [the method of restitution is limited to compensation for value, and the scope of revocation of the sale contract and compensation for value shall be limited to the amount calculated by deducting the amount of the secured debt of each of the above real estate from the market value) and the amount of the secured debt of the Plaintiff, as well as the amount of the secured debt of each of the above real estate (the

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts;

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