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(영문) 서울중앙지방법원 2017.05.23 2017가합518286
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 260,883,250 as well as KRW 259,828,529 as to the Plaintiff.

Reasons

1. Indication of claim;

A. On December 3, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (i) with each of the credit guarantee agreements [140,00,000 won with the guaranteed principal; and (ii) 120,000,000 won with the guaranteed principal (i.e., change to December 1, 2016); (ii) 120,000,000 won with the guaranteed principal (i.e., change to 114,00,000 won); (ii) 2, 2014 (Change to December 1, 2016 thereafter); (iii) jointly and severally guaranteed the obligation based on the above credit guarantee agreement with the Plaintiff of the Defendant Co., Ltd.; and (iv) the remainder of the amount paid by the Plaintiff to the Plaintiff on behalf of the Plaintiff Co., Ltd. on February 27, 2017; (v) 3, 2017; and (v) the Plaintiff was paid by subrogation from the Defendant Co.

B. On September 19, 2016, a sales contract concluded between Defendant C and Defendant B on the real estate listed in the separate sheet between Defendant B and the Plaintiff, the creditor of Defendant B, for the reason that the contract constitutes a fraudulent act, the revocation of the said sales contract and the claim for restitution thereof.

2. Articles 257 and 208 (3) 1 of the Civil Procedure Act of a judgment without holding any pleadings.

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