사해행위 취소 등 청구의 소
1. As to real estate listed in the separate sheet:
A. It was concluded on November 7, 2018 between Nonparty C and the Defendant.
1. Basic facts
A. On June 6, 1997, the non-party D Co., Ltd. (hereinafter referred to as the "D") entered into an installment sale guarantee contract (hereinafter referred to as the "the installment guarantee contract of this case") with the plaintiff (F Co., Ltd. to change its trade name to A Co., Ltd., and merged with G Co., Ltd.) for the purpose of guaranteeing the installment payment in purchasing an automobile in installments from E Co., Ltd. (hereinafter referred to as the "E"), and the non-party C, H, I, and J jointly and severally guaranteed this.
(hereinafter the above joint and several sureties. The insurance coverage period of the insured securities number insurance contract EK 35,310,000 won from June 6, 1997 to June 5, 2000
B. Upon entering into the instant installment guarantee contract, when the policyholder fails to perform the contract with the insured, the insured would lose the benefit of the policyholder’s term and terminate the installment contract, and if the Plaintiff claims the remainder of the contract to be repaid to the Plaintiff, the Plaintiff would be subrogated within the insurance coverage amount. The policyholder agreed to immediately compensate the Plaintiff’s subrogated insurance amount, but if delayed, the policyholder would pay the insurance amount by adding damages for delay at the interest rate set by the Plaintiff within the maximum overdue interest rate among the general loan overdue interest rates in commercial banks from the following day
C. E lost the benefit of time after delinquency in the payment of D installments, and claimed insurance money to the Plaintiff. On July 10, 1998, the Plaintiff paid KRW 27,688,117 to E.
The plaintiff filed a claim against D and C for the amount of indemnity against D and C, as Seoul District Court 98Gadan218151, and the above court on December 8, 1998 "the defendant jointly and severally committed against the plaintiff 27,68,117 won and the above amount from July 11, 1998 to the same year.
8. By September, 190, 14% per annum and 25% per annum from the following day to the date of full payment.