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(영문) 서울중앙지방법원 2018.08.29 2017가합572501

사해행위취소

Text

1. Defendant B Co., Ltd, C, and D shall jointly and severally pay to the Plaintiff KRW 974,050,000 to the Plaintiff, starting from November 18, 2017.

Reasons

1. Facts of recognition;

A. 1) International Co., Ltd. (hereinafter “I”)

(2) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

) During J Corporation’s construction of reinforced concrete (hereinafter “instant construction”).

(2) On August 10, 2015, the Plaintiff entered into a guarantee insurance contract (contract) with the Defendant Company, setting the insurance coverage amount of KRW 974,050,00,000, and the insurance period from July 22, 2015 to August 14, 2016, on the grounds that the Defendant Company failed to perform its obligation under the instant construction contract without justifiable grounds.

(hereinafter “instant insurance”). Defendant C and Defendant D, the representative director of the Defendant Company, were jointly and severally liable for indemnity against the Plaintiff of the Defendant Company according to the instant insurance contract.

B. According to the insurance contract of this case, such as the content of the insurance contract of this case, the policyholder or guarantor shall bear the obligation of advance reimbursement to the Plaintiff when the cause of registration of overdue payment, subrogated payment, substitute payment, default, information on financial order disturbance, and public record information set forth in the "Management Rules of Credit Information" of the K organization arose even before the Plaintiff pays the insurance money, and the Plaintiff may exercise

(Article 5(1)2 of the Credit Information Management Rules provides that if the principal, interest, etc. of the loan are overdue for not less than three months from the date on which the overdue period is overdue, the grounds for registration of overdue information shall be determined to occur, and if one year has elapsed from the date on which the overdue period is overdue, and the overdue amount is at least five thousand won, the grounds for registration of public information, such as overdue information,

(Article VII(2)1 and 2, Article XII(1)1 and attached Table 1). (c)

Defendant Company entered into a credit guarantee agreement with the Korea Credit Guarantee Fund and received a loan of KRW 500,000,000 from the Industrial Bank of Korea as security.

However, the defendant company.