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(영문) 인천지방법원 2017.07.12 2016가단205082

사해행위취소

Text

1. Defendant A’s interest rate of KRW 5,759,760 and KRW 4,792,366 among the Plaintiff shall be from February 4, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 17, 2014, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with Defendant A and the insured as ZEEX Co., Ltd. (hereinafter “NEEX”), and the Defendant A entered into a petroleum product supply transaction with ZEX based on the said guarantee insurance contract.

B. Around July 21, 2014, ZEex claimed a surety insurance benefit against the Plaintiff on the ground that the relevant credit account was overdue, and the Plaintiff paid KRW 4,792,366 to ZEex on August 12, 2014.

Accordingly, the amount of indemnity based on the instant guarantee insurance contract, which Defendant A owes to the Plaintiff, is KRW 5,759,760 as of February 3, 2016 (i.e., principal amount of KRW 4,792,366, KRW 967,394) and the amount of delay damages at 15% per annum from February 4, 2016 to the principal amount of KRW 4,792,366.

C. On April 22, 2013, Defendant A acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”) in the proportion of 1/2 shares, along with C.

C On September 9, 2013, on the whole of the instant real estate, including Defendant A’s share, set up a maximum debt amount of KRW 26,00,000,00 for all of the instant real estate, as well as a collateral security (hereinafter “mortgage”). D.

On June 27, 2014, Defendant A entered into a sales contract (hereinafter “instant sales contract”) with Defendant B to sell 1/2 shares of the instant real estate in KRW 35,000,000, which is the only property of Defendant B, and on the same day, Defendant B completed the transfer registration of ownership.

C On the same day, a sales contract was concluded to sell 1/2 of the instant real estate to Defendant B for KRW 15,000,000, and the transfer registration of ownership was completed to Defendant B.

Defendant B purchased the entire real estate of this case in total amount of KRW 50,000,000, and entered the sales amount of KRW 35,000,000 and KRW 15,00,000 upon Defendant A and C’s request.