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(영문) 대구지방법원 2019.01.17 2017가단115979 (1)

사해행위취소

Text

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

(a) Between the Defendant and C, a pre-sale signed on February 21, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against C is 128,920,00 won-amended by the purchase price of the Defense Acquisition Program Administration: 131,265,207 Bobags 131,265,207 between July 19, 2016 and November 30, 2016 (amended from July 19, 2016 to June 30, 2017) and B (hereinafter “Nonindicted Company”) under a supply contract under the supply contract with the Plaintiff for documentary evidence.

(2) Under the joint and several guarantee of C, the representative director of the Defense Acquisition Program Administration, entered into a guarantee insurance policy issued by the Plaintiff as follows, and paid the insured to the Defense Acquisition Program Administration, who was the insured. A contract deposit under the supply contract made between August 12, 2016 and December 13, 2016, the non-party company entered into an agreement with the Defense Acquisition Program Administration that the Plaintiff shall pay the insurance money paid by the Plaintiff and the damages for delay at an interest rate determined by the Plaintiff within the maximum of the overdue interest rate determined by the Plaintiff out of the ordinary loan interest rate from the day following the date of the payment of the insurance money to the date of payment of the insurance money, if the Plaintiff paid the insurance money to the Defense Acquisition Program Administration due to the failure to perform the obligation under the main contract with the Administrator of the Defense Acquisition Program Administration.

(3) The Defense Acquisition Program Administration demanded that the Plaintiff pay insurance proceeds as the non-party company did not perform its contractual obligations under the main contract, on March 13, 2017, when the Plaintiff paid KRW 258,480,20,00 to the Defense Acquisition Program Administration on March 13, 2017, after collecting KRW 59,659,642 (i.e., 131,265,200, 215,000) and collecting KRW 59,820,558, and collecting KRW 198,65,200 (i.e., 127, 265,000, 215,00-59, 820,558).

(i) trade reservations with respect to trade (hereinafter referred to as "sale reservations");