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(영문) 서울중앙지방법원 2018.11.13 2018가합507580

사해행위취소

Text

1. Defendant A’s KRW 217,00,000 as well as 6% per annum from December 30, 2017 to April 9, 2018 for the Plaintiff.

Reasons

1. Basic facts

A. On March 27, 2017, Defendant A entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Plaintiff between March 20, 2017 and the insured from March 2017 to September 30, 2020 with a view to ensuring the return of sales commission to the Ssbank pursuant to the said contract.

According to the instant guarantee insurance contract, where the Plaintiff pays the Plaintiff’s insurance proceeds to Ssk banks due to the occurrence of an insured incident, Defendant A paid the Plaintiff the insurance proceeds and damages for delay calculated according to the Plaintiff’s interest rate from the following day to the date of full payment. The interest rate determined by the Plaintiff is 6% per annum from the date following the date of the payment of the insurance proceeds to 30 days from the date of the payment, 9% per annum from the following day to the date of full payment, and 12% per annum from

B. On December 14, 2017, Ss Bank notified the Plaintiff of the occurrence of the instant insurance accident stipulated in the instant guarantee insurance contract on the ground that “the Defendant A failed to perform his/her duty to attract franchise stores within a given period, despite having received business custody fees from Ss Bank.” The Plaintiff paid KRW 217,00,000 of the insurance money to Ss Bank on December 29, 2017.

C. On June 20, 1994, Defendant A married with Defendant B and lived with two children under the chain from around 2008, and eventually, the agreement was reached on December 19, 2017.

Defendant A completed the registration of ownership transfer of the instant real estate, which is the only real estate owned by Defendant B on September 4, 2017 (hereinafter “instant gift agreement”). At the time, the instant real estate was “one bank” as to the instant real estate.