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(영문) 광주지방법원 순천지원 2018.10.18 2017가단77777
구상금
Text

1.Defendant A Incorporated Corporation andB shall jointly and severally serve as the plaintiff 1,285,133,942 and 1,279,743.

Reasons

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

(a)as shown in the reasons for the attachment of the claim;

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

2. Determination on the claim filed against Defendant Incorporated Company for Gender Equality

A. 1) On February 13, 2014, the Plaintiff is an agricultural company A (hereinafter “A”) incorporated on February 13, 2014.

(2) A entered into a credit guarantee agreement with the principal as KRW 270,000,000,000,000. (2) A extended a loan from a new bank based on the said credit guarantee agreement, but extended the principal and interest on November 1, 2016, and the guarantee accident occurred as a result of delinquency in payment of principal and interest. On April 4, 2017, the Plaintiff paid to a new bank the amount of KRW 1,279,743,456 on behalf of the new bank to obtain the total amount of KRW 1,285,13,942 claim for reimbursement (the total amount of subrogated payment, substitute payment, and penalty) against A.

3) On October 11, 2016, Defendant A Co., Ltd. (hereinafter referred to as “Defendant A whose gender is”)

(2) Each of the real estates listed in the separate sheet and the separate sheet (hereinafter collectively referred to as “instant real estate”).

(2) The Defendant ABL concluded a mortgage contract and accordingly, Defendant ABL completed the registration of the establishment of a mortgage on the part of the main text 2-b (hereinafter “instant mortgage”).

4) A does not have any property other than the instant real estate, and is insolvent.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 10 (including additional numbers), fact-finding results of this court's high interest groups, the purport of the whole pleadings

B. (1) Determination 1) The establishment of a preserved claim is required to require that, in principle, a claim protected by the obligee’s right of revocation was created prior to the commission of an act that can be viewed as a fraudulent act. However, at the time of such fraudulent act, there has already been a legal relationship that serves as the basis for the establishment of the claim, and there is a high probability as to the fact that a claim should be established in the near future by based on such legal relationship.

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