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(영문) 서울고등법원 2020.10.28 2019나2033157

사해행위취소

Text

The judgment of the first instance, including the claim that has been changed in the course of litigation and exchange, is as follows.

Reasons

1. Basic facts

(a) Claim A 1) A, a company operating an insurance agency business, etc. (hereinafter “creditor company”);

(2) Around July 5, 2013, E entered into a contract with E to commission an insurance solicitor of the creditor company as an insurance solicitor. According to Article 9 of the above commissioning Contract, E, if the insurance contract he/she solicited is not maintained due to the invalidation, cancellation, invalidation, etc. of the insurance contract, he/she would return the fees, etc. received from the creditor company in relation to the insurance contract to a certain standard. (2) From August 2013 to April 2015, E recruited an insurance contract as an insurance solicitor of the creditor company. The creditor company paid fees, etc. to E under the above commissioning Contract with the insurance solicitor, and the final refund fee was KRW 284,339,480 after E’s dismissal.

3) On November 25, 2015, a creditor company filed a lawsuit against E against the Seoul Central District Court 2015Kahap574022, and on February 6, 2017, the said court rendered a judgment that “E shall pay to the creditor company the amount calculated at the rate of 15% per annum from November 18, 2016 to the date of full payment.” On this issue, E appealed appealed as Seoul High Court 2017Na2015261, and then withdrawn the appeal on July 18, 2017, and the said judgment became final and conclusive as it becomes final. B) On September 27, 2016, E concluded the instant real estate sale contract with the Defendant on the grounds that it entered the instant list of real estate owned by the Defendant (hereinafter “instant real estate sale contract”).

2. On January 11, 2017, Defendant B entered into a sales contract between Defendant D and Defendant D to sell the instant real estate, and on January 12, 2017.