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(영문) 서울중앙지방법원 2019.02.21 2018나38521

사해행위취소

Text

1. Upon receiving a claim that had been changed in exchange before the remand, the defendant shall be 38,77,296 won and its corresponding amount.

Reasons

1. Basic facts

A. A. Around May 2010, the Plaintiff’s claim 1) C entered into an agreement on a personal financial credit guarantee insurance policy with the Plaintiff with the following terms and conditions. The amount of insurance coverage: 38,750,000 ¡· The amount of loan coverage: The amount of insurance coverage of the Korea Federation; from May 11, 2010 to May 11, 2020: the content of the Da Federation’s guarantee: (2) the Korea Federation claimed the Plaintiff for the payment of the insurance proceeds on the ground that C’s repayment of repayment of the principal and interest of the general household loan: (34,00,830 won offsets and disposes of the remaining insurance proceeds, and (4,00,836 won was paid to the Korea Federation. < Amended by Act No. 10382, Jun. 17, 2011>

3) The Plaintiff filed a lawsuit against C with the Seoul Central District Court 201Ga36738. On December 9, 2011, the said court rendered a judgment that “C shall pay to the Plaintiff 35,98,027 won and 35,301,66 won among them, 15% per annum from September 16, 201 to October 28, 2011, and 20% per annum from the following day to the date of full payment,” and the said judgment became final and conclusive on December 31, 2015, the remaining amount of claims based on the said final judgment is KRW 56,749,060 as of July 16, 2015.

B. The Defendant’s order of seizure and assignment against C 1) The payment order stating that “C shall pay the Defendant the amount calculated at the rate of KRW 90,000,000 and 25% per annum from December 4, 2006 to the date of full payment” (hereinafter “instant payment order”) by filing an application with the Gwangju District Court for payment order claiming the return of down payment with C as the Seoul District Court 2010 tea6916, Jul. 27, 2010.

(2) Upon receipt of the instant payment order, the instant payment order became final and conclusive around that time, and the grounds for the Defendant’s claim are as follows.

1. The Defendant is the actual representative director of E (State). At the time, the Plaintiff entered into a contract for the reconstruction work located in F (State) and Incheon G, and H, and remitted the amount of KRW 90,000,000 in advance, and if the said construction work does not proceed or does not begin within three months, C shall return the amount of KRW 90,000,000 in advance, and C shall return that amount until June 20, 2006.