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(영문) 서울중앙지방법원 2015.01.22 2013가단308118
사해행위취소 등
Text

1. As to KRW 40,327,086 and KRW 40,128,486 among the Plaintiff, Defendant A shall be from October 1, 2013 to October 30, 2013.

Reasons

1. Facts of recognition;

A. On September 19, 2012, the Plaintiff entered into a guarantee insurance contract with Defendant A by setting the insurance coverage amount of KRW 44,00,000,000, and up to September 18, 2013 (hereinafter “instant guarantee insurance contract”), and Defendant A borrowed KRW 40,000,000 from a new bank (hereinafter “new bank”) under the instant guarantee insurance contract.

B. According to the instant guarantee insurance contract, when the Plaintiff pays insurance money, Defendant A agreed to pay immediately the insurance money to be paid and the amount of damages in accordance with the interest rate determined by the Plaintiff from the day following the date of payment of insurance money. The present agreement is 9% per annum.

C. On September 13, 2013, the new bank requested the Plaintiff to pay insurance proceeds from an insurance accident. On September 30, 2013, the Plaintiff paid insurance proceeds of KRW 40,128,486 to the new bank, and paid KRW 198,600 to the new bank.

On the other hand, on September 23, 2013, Defendant A sold to Defendant B real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 290,000,000 (hereinafter “instant sales contract”), and completed the registration of ownership transfer on the same day.

E. In addition, on November 19, 2013, Defendant B reselled the instant real estate in KRW 275,00,000 to C, and completed the registration of ownership transfer on the ground of the said sale on December 10, 2013, and C cancelled the right to collateral security, which is the 4-dong Saemaul Depository, the maximum debt amount, 29,000,000, established on the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence, purport of the whole pleadings

2. According to the facts of the determination as to the claim for indemnity, with regard to KRW 40,327,086 and insurance proceeds of KRW 40,128,486, Defendant A, the following day of the payment of insurance proceeds, 6% of the annual Commercial Act from October 1, 2013 to October 30, 2013, and the copy of the complaint in this case from the following day.

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