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(영문) 서울중앙지방법원 2017.02.06 2016가단5071856 (1)

사해행위취소

Text

1. The sales contract concluded on May 27, 2015 between Defendant A and C with respect to the real estate stated in the separate sheet between Defendant A and C is 5,257.

Reasons

1. Basic facts

A. On April 1, 2015, the Plaintiff entered into a guarantee insurance contract (hereinafter “the instant guarantee insurance contract”) with D Co., Ltd. (hereinafter “D Co., Ltd.”) with regard to the payment guarantee of the cost of credit goods to be borne by D Co., Ltd. under the contract for the supply of goods between D Co., Ltd. and D Co., Ltd. (hereinafter “D Co., Ltd.”) by setting the period from May 29, 2015 to May 28, 2016, and C at the time when D Co., Ltd was the representative director of D Co., Ltd. under the instant guarantee insurance contract, as to the obligation of joint and several liability, such as indemnity that D Co., Ltd bears with respect to the Plaintiff.

B. At the time of the instant guarantee insurance contract, D companies agreed to pay damages for delay calculated at the rate of 6% per annum from the date following the date of payment of insurance money to the 30th day from the date of payment of insurance money, 9% per annum from the following day to the date of payment, and 12% per annum from the next day to the date of full payment.

C. Around November 2015, 2015, KC Co., Ltd., the insured, claimed insurance proceeds to the Plaintiff on November 6, 2015, and the Plaintiff paid KRW 50,000,000 insurance proceeds to KC Co., Ltd. on December 4, 2015.

As of the date of the closing of the instant argument, the Plaintiff’s claim against C under the instant guarantee insurance contract remains at the rate of 6% per annum from December 5, 2015 to January 3, 2016; 9% per annum from such date to March 3, 2016; and 12% per annum from such date to January 16, 2017, respectively.

E. Meanwhile, on May 27, 2015, C entered into a sales contract with Defendant A on the real estate listed in the separate sheet (hereinafter “instant real estate”) that it owned (hereinafter “instant sales contract”) and entered into the instant sales contract on the same day.