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(영문) 서울중앙지방법원 2017.11.16 2017가단5083559
사해행위취소 등
Text

1. Defendant B’s KRW 41,182,674 and annual rate of KRW 6% from March 11, 2017 to April 9, 2017, respectively, to the Plaintiff.

Reasons

1. Common factual relations;

A. On September 19, 2016, the Plaintiff concluded a performance guarantee insurance contract with the insured H, the insurance amount of KRW 50 million, and the insurance period from September 19, 2016 to September 18, 2017 in order to guarantee the payment of the credit goods price supplied by G from H Co., Ltd. (hereinafter “H”), and the Defendant B jointly and severally guaranteed the obligation to be borne by G to the Plaintiff under the said contract on the same day.

B. On September 26, 2016, G supplied Chapter 771 of the ESD card as security by H, but did not pay it until October 27, 2016, which is the payment deadline.

Accordingly, H claimed insurance money to the Plaintiff on December 7, 2016, but received KRW 10 million from G on January 12, 2017, and later, paid KRW 10 million until February 10, 2017 and KRW 31,182,674 until February 20, 2017.

“A bona fide performance undertaking” was issued, and the claim for insurance proceeds was withdrawn on January 17, 2017, but G did not comply with the said undertaking.

C. On February 21, 2017, the Plaintiff received a new claim for the payment of insurance proceeds from H, and paid KRW 41,182,674 of the insurance proceeds on March 10, 2017.

Meanwhile, when the Plaintiff and G paid the insurance money under the above guarantee insurance contract, the Plaintiff and G agreed to pay damages for delay in accordance with the interest rate publicly notified by the Plaintiff from the day following the payment date to the day of full payment. Accordingly, the interest rate publicly announced by the Plaintiff is 6% per annum from the day following the payment date of insurance money to 30% per annum, 9% per annum from the day following the payment date of insurance money to the

[Judgment of the court below] The ground for recognition is without merit, Gap evidence 1 through 19 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B as a joint guarantor of the above guaranteed insurance contract, and the above insurance amount to the Plaintiff is KRW 41,182,674.

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