사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (i) Nonparty C entered into a performance payment guarantee insurance contract with the insurance company (hereinafter “D”), E Co., Ltd. (FF Co., Ltd. on March 2018; hereinafter “E”), and each insurance solicitor and agency business.
Luxembourg concluded a guarantee insurance contract (payment) with the insured on March 10, 2017 between the Plaintiff as a guarantee insurance company to guarantee the repayment of fees for advance payment fees, etc. received by each insurance solicitor under the insurance contract solicited by the affiliated insurance solicitor, with the period of insurance coverage of KRW 20,00,000, and the period of insurance coverage of KRW 20,000 from March 9, 2017 to November 8, 2018; ② the insured on July 14, 2017; ② the period of insurance coverage of KRW 1,50,000, and the period of insurance from July 1, 2017 to July 31, 2018; ③ the guarantee insurance contract with the insured on October 31, 201; and the amount of insurance coverage of KRW 30,00,00,000 from March 9, 201 to November 31, 2017.
(hereinafter “each guarantee insurance of this case”). (b)
On December 19, 2017, the Plaintiff claimed insurance proceeds under the instant guarantee insurance contract on the ground that (i) the occurrence of the insurance accident and the payment of insurance proceeds occurred; (ii) the occurrence of the insurance accident; and (iii) the occurrence of the insurance accident for which C fails to perform its obligation to recover fees; and (iv) the Plaintiff paid KRW 4,173,429 to D on January 23, 2018; and (iv) returned KRW 1,200,000 on February 21, 2018.
B. On October 17, 2018 and October 25, 2018, C claimed insurance money under the instant guarantee insurance contract on the ground that the occurrence of an insured incident for which C has not performed its obligation to recover fees, the Plaintiff paid KRW 16,087,802 and KRW 1,500,000 on August 31, 2018, and KRW 183,950 on October 25, 2018, respectively.
Consolidatedly, the amount of the principal and interest of the claim for reimbursement against C as of April 3, 2019 upon the payment of the insurance money of this case = 21,974,940 won = D.