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(영문) 대구지방법원 2018.03.09 2017가단114723
사해행위취소
Text

1. Defendant C’s KRW 57,796,233 as well as 6% per annum from February 25, 2017 to March 26, 2017.

Reasons

1. Basic facts

A. On August 8, 2016, the Plaintiff concluded a guarantee insurance contract with the joint and several surety of Defendant C, the representative director of Nonparty D Co., Ltd. (hereinafter “D”), which covers D the insured as a pension Korea Industries, and issued each guaranty insurance policy with the content of performance guarantee and performance advance payment.

B. Around November 16, 2016, D caused an insurance accident. On February 24, 2017, the Plaintiff paid the insurance proceeds of KRW 46,172,118 out of KRW 66,00,00,00, and KRW 11,624,115 on the basis of performance guarantee based on performance guarantee of performance advance payment, and KRW 57,796,233 on the basis of performance guarantee of performance advance payment.

(Amount of delay damages shall be 6% per annum until March 26, 2017, 9% per annum from the next day to May 25, 2017, and 12% per annum from the next day to the next day).

Defendant C, on November 15, 2016, borrowed KRW 28 million from Defendant B, one-half of each of the 3,4 real estate listed in the separate sheet (hereinafter “instant 3 and 4 real estate”) as indicated in the separate sheet (hereinafter “instant 3 and 4 real estate”), entered into a mortgage agreement with Defendant B with each of the maximum debt amounts of KRW 42,00,000,000 with each of the Defendant B. On November 15, 201, Defendant C completed the mortgage registration agreement with the 11082, each of which was received on November 15, 2016.

(hereinafter “instant mortgage contract” and “the instant mortgage establishment registration”). D.

On December 12, 2016, Defendant C entered into a sales contract with Defendant A with respect to 1/2 shares of each of the 1/2 shares of the 1,2 real estate listed in the separate sheet owned by Defendant C (hereinafter “instant 1,2 real estate”) and completed each registration of ownership transfer as the receipt of No. 20151 on December 12, 2016 by the Daegu District Court Decision 20151.

(hereinafter “instant sales contract” and “the instant transfer of ownership”). E.

After the registration of the lower ownership, Defendant A completed the registration of the establishment of a mortgage over KRW 132,00,000 on December 22, 2016, with respect to the instant real estate 1 and 2, and each of the previous collateral security obligations.

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