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(영문) 대구지방법원서부지원 2019.10.30 2018가단60219 (1)
구상금 등
Text

1. Defendant B, jointly and severally with Defendant D, as to KRW 42,694,381 and KRW 40,904,328 among them, shall be jointly and severally with the Plaintiff.

Reasons

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

(a) Indication of claims: To be as shown in the reasons for the claims;

B. Judgment by deeming confession: Article 208(3)2 and Article 150(3) of the Civil Procedure Act (Provided, That the part on the claim for damages for delay against Defendant B is partially dismissed under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as amended). 2. The judgment as to the claim against Defendant C Co., Ltd (hereinafter “Defendant”)

A. 1) The establishment of a fraudulent act: (a) comprehensively taking into account the following as to the cause of the claim, the written evidence Nos. 1 through 14, and the written evidence No. 1 through 14 of this Court’s FF Bank, G Union, and H agency’s response to each order to submit financial transaction information to the FF Bank, G Union, and H agency; and (b) under the agreement between the Plaintiff and D, E to jointly and severally guarantee the obligation arising from the credit guarantee agreement between the Defendant and D, the attached list No. 6 Real Estate (hereinafter “instant land

(2) As to the Defendant’s assertion, barring any special circumstance, the aforementioned sales promise and sales contract should be revoked as it constitutes a fraudulent act detrimental to E’s creditors, barring any special circumstance, since the Defendant alleged that he/she was unaware of E’s injury to E’s creditors, “legal act detrimental to the obligee’s right of revocation” is an act of disposing of the obligor’s property, and thus, the obligor’s entire satisfaction of the obligee’s claims cannot be fully satisfied due to a decrease in the obligor’s property or lack of joint security, and the act of selling property at a reasonable price is in collusion with the beneficiary’s intent to evade liability.

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