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(영문) 서울중앙지방법원 2016.03.23 2014가단5187283
사해행위취소
Text

1. As to the real estate stated in the separate sheet between the Defendant and B, the trade reservation entered into on May 3, 2010 and the trade reservation entered into on October 27, 2010.

Reasons

1. Basic facts (i) The Plaintiff is a company running non-life insurance business, including surety insurance, and the non-party B concluded a guarantee insurance contract with the Plaintiff with the purchase amount of insurance 51,429,629 won on April 28, 2008, and the content of the insurance contract, which was the auditor of the non-party F Co., Ltd. (hereinafter referred to as the "non-party F Co., Ltd. (hereinafter referred to as the "non-party F Co., Ltd.") under the contract, which was registered as D, the husband, and entered into a guarantee insurance contract with the Plaintiff with the defect bond amount of 21,711,925 won on April 13, 2009, and the content of the insurance contract was the defect bond under the construction contract, and according to each of the above guarantee insurance contracts, the Plaintiff shall pay the subrogated payment paid by the Plaintiff for the performance of its obligation, the overdue interest rate paid by the financial institution, the damages for delay, the damages for delay, and all incidental procedures.

On June 30, 2010, the Plaintiff paid insurance proceeds, such as the payment of KRW 20,080,00 to the Dispute Resolution Co., Ltd on July 27, 2011, and KRW 354,000 on August 16, 2012, due to the failure to perform the repair obligation of B after she was able to repair the defects.

Accordingly, the Plaintiff filed a lawsuit claiming reimbursement against B with this court 2012 Ghana 5305265 and filed a lawsuit claiming reimbursement on November 2, 2012, “the Defendant shall pay to the Plaintiff 4,939,173 won and 4,585,000 won per annum from December 27, 2011 to October 31, 2012; and 20% per annum from the next day to the date of full payment.” The Plaintiff shall be decided on December 8, 2012, and confirmed on October 16, 2013. “The Defendant shall file a lawsuit claiming reimbursement with the Plaintiff at the rate of 26,262,200 won and 205% per annum from the next day to the date of full payment, to the date of full payment,” and the judgment of 30% per annum from 2013 to 304.38% per annum 204,2013.”

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