사해행위취소
1. Defendant B, C, and D are jointly and severally and severally liable to the Plaintiff for KRW 165,908,000 and its amount from December 15, 2017 to January 2018.
1. Facts of recognition;
A. (1) The Defendant Company B (hereinafter “Defendant Company”) concluded a guarantee insurance contract with the Plaintiff, including the Defendant Company B’s guarantee insurance contract, and entered into a guarantee insurance contract with the Plaintiff, and issued a guarantee insurance policy with the Plaintiff and issued it to the FF Company as the insured.
The content classification: (a) the Plaintiff entered into an agreement with the Defendant Company and the Insured to pay the amount of the insurance proceeds paid by the Plaintiff within the maximum of 385,00,000 won per annum from the date following the due date of payment of the insurance proceeds to the date of delayed payment of the general loan in commercial banks; (b) the rate of overdue interest determined by the Plaintiff is 6% per annum from the following day after the due date of the insurance proceeds to 30% per annum; and (c) the rate of overdue interest determined by the Plaintiff is 9% per annum from June 2, 2017 to April 30, 2018 from the date of the examination to the date of late April 30, 2018; and (d) the Plaintiff’s payment of the insurance proceeds to the insured due to the failure of the principal contract between the Defendant Company and the insured, within the maximum of 15% per annum from the date following the due date of payment of the insurance proceeds.
(3) As the Defendant Company did not perform its contractual obligations, F Co., Ltd., the insured insured for the payment of insurance proceeds, the Plaintiff claimed the payment of insurance proceeds to the Plaintiff. On December 14, 2017, the Plaintiff paid insurance proceeds of KRW 165,908,000 to F Co., Ltd.
(4) The joint and several sureties and the Defendant D jointly and severally guaranteed the liability for reimbursement.
B. (1) On September 20, 2017, Defendant D entered into a mortgage agreement with Defendant E on September 20, 2017 with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the only property of Defendant E, and the maximum amount of debt against Defendant E on September 20, 2017, the Seogu District Court No. 10790, Sept. 20, 2017.