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(영문) 서울중앙지방법원 2018.02.08 2017나33956

사해행위취소

Text

1. According to the claim that was changed in exchange in this court, the defendant 38,777,296 won and its corresponding amount.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C (1) around May 2010, C entered into an agreement between the Plaintiff on a personal financial credit guarantee insurance policy with the following content.

· The amount of insurance coverage : 38,750,000∑ Loan holders: The insurance period of the Korea Federation; from May 11, 2010 to May 11, 2020: DDR’s performance guarantee for repayment of principal and interest on household general loan (2) DDR’s performance guarantee for repayment of principal and interest on household loan: The Korea Federation claimed the Plaintiff for the payment of insurance proceeds on the ground of C’s non-payment of loan; and the Plaintiff paid KRW 34,00,836 of the remaining insurance proceeds by offsetting the amount of KRW 1,30,830 on June 17, 2011.

(3) The Plaintiff filed a lawsuit seeking reimbursement against C with Seoul Central District Court 201Ga36738. On December 9, 2011, the said court rendered a judgment against C that “C shall pay to the Plaintiff 35,98,027 won and 35,301,66 won among them, 15% per annum from September 16, 201 to October 28, 201, and 20% per annum from the following day to the date of full payment,” and the said judgment became final and conclusive on December 31, 2011.

(4) As of July 16, 2015, the remaining amount of claims based on the said final judgment is KRW 56,749,060.

B. Claim attachment and assignment order against Defendant C [the ground of claim]

1. The defendant is the actual representative director of E (State). At the time, the F (State) and Incheon G, and H’s reconstruction work is contracted, and transfers the contract deposit amount of KRW 90,000,000 to the third party, and C prepares a written confirmation to pay interest calculated at the rate of 25% per annum for the advance payment when the above construction work does not proceed or does not begin within three months, and C prepares a written confirmation to pay interest calculated at the rate of 25% per annum for the advance payment when it is not performed by June 20, 206.

2. Since F has failed to pay only KRW 9,950,00,000, the total amount of KRW 3,000,000 on February 7, 2007, and KRW 3,450,000 on April 1, 2009, and KRW 9,950,000 on July 26, 2010, since F has not paid the agreed interest, it is annually from December 4, 2006, except for the principal amount of KRW 90,00,000,000 and interest already paid.