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(영문) 대전지방법원 2015.11.26 2015가단207652
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff’s payment of insurance proceeds, etc.) An agricultural company D Co., Ltd. (hereinafter “foreign company”).

The representative director is C

Around February 21, 2008, 2008 (hereinafter referred to as the “Seosan Cooperative”) is the YYYYYYYYY YYYYYYYYYYY

B) On February 20, 2015, the term of the contract was set up and entered into a contract on raw material cash sales and on credit sales contract for swinemanship, and the Plaintiff provided a performance guarantee insurance policy (sales price) with the content of the following 2) as a security for payment guarantee for the credit goods payment under the contract.

2) On or around February 18, 2014, the Plaintiff, under a joint and several surety between Nonparty Company and Nonparty Company C and E, a guarantee insurance contract for the performance (sale of Goods) of the following contents (hereinafter “instant insurance contract”).

After the conclusion of the contract, the policy of guarantee insurance (securities number): (1) the non-party company, (2) the insured, (3) the insurance amount: KRW 200 million; (4) the insurance period: from February 21, 2014 to February 20, 2015; and (5) the special agreement: the obligation incurred by the former securities G and the obligation that comes within 90 days from the day following the expiration date of the insurance period are guaranteed within the insurance amount of the securities; (3) the insurance liability of the securities is extinguished; and (4) the non-party company did not perform its obligation under the above credit transaction contract with the non-party cooperative at the time of the insurance contract in this case, and in this case, the non-party company compensate the non-party company for the loss within the insurance amount; (4) the non-party company immediately redeem the insurance amount to the Plaintiff; and (5) the non-party company agreed to pay the insurance amount by adding the interest rate for delay to the general loan rate of the commercial bank within the overdue interest rate set by the Plaintiff.

4 Nonparty 4.

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