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(영문) 서울중앙지방법원 2015.03.06 2014가합576571
양수금
Text

1. Defendant A, B, C, D, and E jointly and severally with the Plaintiff KRW 3,049,169,156 and KRW 3,036,230,136 out of the above amount.

Reasons

Description of Claim

On June 28, 2011, the KIKO Securities Co., Ltd. accepted guarantee private placement bonds of KRW 3 billion in face value issued by the Central Plastex Co., Ltd., and Defendant A, B, C, D, and E jointly and severally guaranteed this.

On June 28, 2011, the Plaintiff acquired the above privately placed bonds from KIKO Securities Co., Ltd., and on December 13, 2013, the Central Plastex lost the benefit of time by filing an application for commencement of rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act, and thus, it is sought against Defendant A, B, C, D, and E, a joint and several surety, to pay the principal and interest of the said privately placed bonds and substitute payments.

On November 5, 2013, before December 13, 2013, when Defendant A lost the benefit of time due to his/her fraudulent act, Defendant A entered into a mortgage establishment agreement with the private equity fund in the attached Table No. 1, Defendant C, and the investment association No. 1, the head of Suwon District Court No. 2011-6, respectively, and completed the registration of creation of a mortgage on November 5, 2013 with respect to the real estate listed in the attached Table No. 3609, prior to December 13, 2013. Since this constitutes a fraudulent act, the registration of creation of a mortgage is revoked and restored to the original state.

Articles 208(3)1 and 257(1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment without a presentation of a written reply)

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