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(영문) 대구지방법원 2015.09.11 2013가합206249

사해행위취소

Text

1.(a)

The plaintiff's bankruptcy debtor A's general bankruptcy claims against the trustee in bankruptcy corporation B are 128,120.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor entered into the instant contract and the guaranteed insurance contract (i) G production construction from Poco Construction Co., Ltd. (hereinafter “instant construction”).

A Co., Ltd. (hereinafter referred to as “A”) on June 5, 2013 after being awarded a contract.

) The contract was subcontracted to KRW 1,812,00,000 for construction cost (hereinafter “instant contract”).

2) From the day immediately following the day of insurance payment to 30 days: 6% a year: 9% a year: 15% a year after 91: June 11, 2013, A entered into a guarantee insurance contract for the purchase of insurance coverage amounting to 362,560,000 won under the contract with the Plaintiff as the principal contract for the instant contract, the guarantee period from June 11, 2013 to November 20, 2013, with the Plaintiff’s assistant participant (hereinafter “instant guarantee insurance contract”), and Defendant C, D, and E jointly and severally guaranteed the Plaintiff’s liability for indemnity against A.

According to the guarantee insurance contract of this case, the interest rate on the agreed interest rate for the indemnity obligation is as follows.

3) The Plaintiff Intervenor received the instant guarantee insurance contract securities from A, and paid KRW 362,560,000 in advance to A. B. The termination 1 of the instant contract) A supplied the Plaintiff’s Intervenor with the first supply until July 31, 2013, which is the first supply date. However, on August 31, 2013, the second supply date, the Plaintiff’s employees did not stop the instant construction work and supply the second supply to the Plaintiff’s Intervenor with the wind that occupies a factory.

2) On September 5, 2013, the Intervenor A and the Intervenor A agreed to terminate the instant contract and agreed to mutually implement the following terms and conditions (hereinafter “instant agreement”).

Then, the Plaintiff’s Intervenor paid KRW 152,735,79 to A on September 6, 2013.

1. Since the implementation of the instant contract is delayed due to the circumstances described in A, the parties to the instant contract.