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(영문) 청주지방법원 2017.09.15 2016가단112679

사해행위취소 등

Text

1. As to each real estate listed in the separate sheet:

A. A sales contract concluded on November 18, 2014 between the Defendant and B is concluded between the Defendant.

Reasons

1. Basic facts

A. The Plaintiff entered into a guarantee insurance contract with C (hereinafter “C”) on July 20, 2010 to January 19, 2013, the insurance amount: 449,645,160 won, and the insurance period: the insured: the management office of the Agricultural and Fishery Products Wholesale Market in Daejeon Metropolitan City (hereinafter “Nonindicted Business Operator”); and the content of the guarantee: The performance guarantee contract under the Public Property Use and Profit-making Act (hereinafter “instant insurance contract”).

B. C at the time of the instant insurance contract, where the Plaintiff and C did not perform the obligation to the insured under the above contract, thereby paying damages incurred by the Plaintiff to the insured within the scope of the insurance coverage amount, it shall be deemed as one year and 365 days from the day after the date of the payment of the insurance proceeds to the Plaintiff, and as one day from the day after the payment of the insurance proceeds to the day of full payment, C agreed to pay overdue interest in accordance with the interest rate set by the Plaintiff within the maximum overdue interest rate among the overdue interest rate of financial institutions under the Banking Act (hereinafter “instant agreement”), and B jointly and severally guaranteed the indemnity obligation against the Plaintiff.

C. C violated the duty under the permission of use and benefit of public property to Nonparty 1, thereby causing an insurance accident. On December 10, 2015, the Plaintiff paid KRW 374,023,090 to Nonparty 2.

On April 10, 2016, the Daejeon District Court sentenced C and B, etc. to jointly and severally pay the Plaintiff KRW 307,011,195 and damages for delay for KRW 305,504,598 among them in the claim for reimbursement amount case No. 2015Da46123, and the above judgment became final and conclusive around that time.

B On November 18, 2014, the Defendant sold each real estate (hereinafter “instant real estate”) listed in the separate list of his/her own holders’ names (hereinafter “instant contract”).

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