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(영문) 대구지방법원 2020.01.31 2019가단113052

사해행위취소

Text

1. As to the Plaintiff’s KRW 81,844,901 and KRW 20,218,040 among them, Defendant B shall be from February 2, 2019 to March 3, 2019, and November 11.

Reasons

1. Basic facts

A. 1) Defendant B entered into an insurance contract for performance guarantee with the Plaintiff as follows (hereinafter “each of the instant insurance contracts”).

(2) The Plaintiff concluded a contract with the Plaintiff to pay insurance proceeds from the following day of June 1, 2018 to May 31, 2019 as KRW 20,000,000: (a) during the period from December 1, 2018 to November 30, 2019; (b) during the period from June 1, 2018 to the date of payment of insurance proceeds from the date after the date after the date after the date after the date after the date of issuance of the contract with the Plaintiff to pay insurance proceeds from KRW 20,00,000 to the date after the date of payment of insurance proceeds from the date after the date after June 1, 2018 to May 31, 2019; (c) during the period from June 1, 201 to the date after the date after the date after the date after the issuance of the contract with the Plaintiff to pay insurance proceeds from KRW 10,000,000,000,000 per annum.

B. The Plaintiff’s subrogation and the insured claimed the Plaintiff for the payment of insurance proceeds as Defendant B did not perform the principal contractual obligation, and the Plaintiff paid the insured amount of KRW 1,624,861 on February 8, 2019, KRW 20,218,040 on February 1, 2019, KRW 46,958,40 on February 28, 2019, KRW 3,043,60 on March 27, 2019, KRW 81,844,90 on each of them.

C. On December 6, 2018, Defendant B entered into a contract to establish a right to collateral security (hereinafter “instant real estate”) with Defendant C as Defendant C and the mortgagee of the right to collateral security (hereinafter “instant real estate”).