사해행위취소
1. Of the judgment of the first instance, the part on the claim for the cancellation of the sales contract against the defendant A shall be revoked, and corresponding to the revoked part;
1. Facts of premise;
A. The Plaintiff entered into a performance guarantee insurance contract with C Farming Association (hereinafter “C”) as follows: (a) when the Plaintiff paid insurance money to the insured as the policyholder did not perform any obligation or obligation guaranteed by the Plaintiff; (b) the policyholder and the joint guarantor entered into a performance guarantee insurance contract (hereinafter “each performance guarantee insurance contract of this case”) with the content that the policyholder and the joint guarantor pay the insurance money in addition to the payment insurance money and the damages for delay; and (c)
Securities Noc. C insurance policy holders on November 30, 2012, May 30, 2012, 2012, the date of the insurance contract for the insured Co., Ltd., the insured Co., Ltd., the insurance coverage of KRW 21,000,000,000 insurance coverage period of KRW 330,000,000 on September 11, 2010; the insured period of KRW 16, April 16, 2012; the Government, local governments, etc. under an agreement for operating standardized workplaces for persons with disabilities to guarantee the contract deposit under a contract for the supply of agricultural products;
B. At the time of concluding each performance guarantee insurance contract of this case, which is a joint and several guarantee insurance contract of performance guarantee insurance of this case, G, D, H, I, G, J, and K were jointly and severally guaranteed for the obligations owed by C to the Plaintiff according to each performance guarantee insurance contract of this case as follows:
Securities Number E F. G D, H, I, G, J K (the scope of KRW 100 million) for joint and several sureties C.
C. On March 12, 2014, C of the occurrence of insurance accidents and acquisition of the right to indemnity was registered in the “C of the Korea Finance and Settlement Agency” due to the shortage of promissory notes deposits, and the Korea Coastal Food Co., Ltd. and the Korea Disabled Employment Agency, the insured of each performance guarantee insurance contract of the instant case, filed a claim for insurance proceeds with the Plaintiff. The Plaintiff filed a claim against the Plaintiff on April 16, 2014 for insurance proceeds of KRW 19,789,00
9. 23. The Korea Employment Agency for Persons with Disabilities paid 330,000,000 won to the Korea Employment Agency for Persons with Disabilities, and acquired the right to indemnity against C, D, etc.
The plaintiff is the main debtor C.