사해행위취소
1. Defendant B, Defendant C, and Defendant D jointly and severally with the Plaintiff KRW 114,539,455 and their importance:
(a) 107,544,997 won;
1. Basic facts
A. (i) On May 9, 2018, the Plaintiff entered into a guarantee insurance contract with Defendant C and D on the joint and several guarantee of Defendant C and D, with respect to the goods payment obligations that the Defendant Company would have to enter into with Nonparty F Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and to be borne by it under an agency contract with Nonparty F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the insured Non-Party Co., Ltd., the insurance amount of KRW 150 million, the insurance amount of KRW 150,000,000, and the insurance period of May 26, 2018 to May 25, 2018 (hereinafter “instant guarantee insurance contract”), and issued the performance (payment) guarantee insurance policy accordingly.
D. According to the Guarantee Insurance Agreement, even before the Plaintiff pays insurance money, when the occurrence of the instant guaranteed insurance accident occurs or the causes for registration, such as delinquency, subrogation, substitute payment, default, and information on the financial order column, etc. prescribed in the "Credit Information Management Rules" of the Korea Federation of Banks of Banks, the indemnity obligor shall bear the liability for reimbursement in advance, and when the Plaintiff paid insurance money to the insured, the indemnity obligor shall reimburse the amount paid at the interest rate determined by the Plaintiff from the day following the date of payment (Article 3(2), (3), and (4) of the Guarantee Insurance Agreement), and the interest rate determined by the Plaintiff shall be 6% per annum until the 30th day from the date of payment of the insurance
B. A guarantee accident occurred and the Defendant Company paid insurance money has deteriorated its financial status before April 3, 2018, making an overdue registration pursuant to the national tax in arrears (10 million won) on April 3, 2018. The Defendant Company closed its business on March 22, 2019 without paying any amount from August 2018, when it paid the terminal payment for May 31, 2018, including the settlement of the terminal payment for the Non-Party Company on August 31, 2018.
As such, this case.