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(영문) 서울고등법원 2016.09.28 2015나2068964
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff’s Co-Defendant A, B, and all Co-Defendant A and B are only Co-Defendant A and B.

C) Claim 1 for indemnity against the Plaintiff was concluded between the date of concluding a guarantee insurance contract between the Plaintiff and the date of entering into the guarantee insurance contract, and the amount of the purchase of the securities number KRW 87,370,00 on April 2, 2014 from April 2, 2014 to May 3, 2015, KRW 87,370,000 on April 3, 2014 to KRW 87,370,00 on April 3, 2014 to KRW 87,370,00 on April 4, 2014 to guarantee the payment of the goods to the Plaintiff and the Plaintiff’s KRW 7,370,00 on April 4, 2014 to KRW 87,370,00 on April 4, 201 to KRW 87,00 on May 37, 2015 to KRW 57,57.201.

B) In the event that the Plaintiff pays insurance money to the insured, A, a policyholder, provided that the Plaintiff shall pay damages for delay at the rate of delay interest set by the Plaintiff within the maximum interest rate set by the Plaintiff among the overdue interest rates of financial institutions under the Banking Act from the day following the date of payment of the insured amount paid by the Plaintiff to the day of full payment of the insurance money. C) B and B from November 2, 2012 to December 11, 2013.

At the time of entering into each guarantee insurance contract of this case, A jointly and severally guaranteed the performance of the obligation to be borne by the Plaintiff according to each guarantee insurance contract of this case.

2) A did not pay customs duties on the goods taken out. On October 27, 2014, Pyeongtaek Customs claimed insurance money under each of the instant surety insurance contracts against the Plaintiff on the grounds of delinquency in payment by the Plaintiff.

B. On November 18, 2014, the Plaintiff entered into a guarantee insurance contract with the Pyeongtaek-si Customs Office and each of the above guarantee insurance contracts.

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