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(영문) 대구지방법원 2017.10.19 2016가단132397
사해행위취소
Text

1. Defendant B, Defendant C, and Defendant D, jointly and severally, shall be KRW 87,796,050 to the Plaintiff and its related amount on October 8, 2016.

Reasons

1. Facts of recognition;

A. On October 8, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a guarantee insurance contract with the Plaintiff, the insured FF Co., Ltd. (hereinafter “F”), the insurance amount of KRW 120,000,000, the credit content payment guarantee, the insurance period from September 30, 2014 to September 29, 2017, and paid to the said F after obtaining the guaranty insurance policy issued by the Plaintiff.

B. Under the above guarantee insurance contract, where the Plaintiff paid the insurance money to F due to the failure of the Defendant Company to pay the F, the amount of the insurance money paid by the Plaintiff and the damages for delay in accordance with the overdue interest rate set by the Plaintiff within the maximum of the ordinary overdue interest rate from the day following the date of payment of the insurance

The overdue interest rate determined by the Plaintiff shall be 5% per annum from the date following the date of payment of insurance proceeds to 30 days, 9% per annum from the following day to the 60th day, and 15% per annum from the following day to

C. However, the Defendant Company did not perform its obligation to F, and the F claimed the payment of the insurance money to the Plaintiff.

Accordingly, the Plaintiff paid KRW 120,00,000 to F on October 7, 2016, and thereafter collected KRW 32,203,950 ( KRW 10,000,000 on November 17, 2016; KRW 4,267,350 on the same day; KRW 4,267,350 on the same day; KRW 4,121,60 on February 28, 2017; KRW 4,605,00 on March 31, 2017; KRW 4,605,00 on April 28, 2017; KRW 87,796,050 on May 31, 2017; and KRW 00 on the balance at present.

D. Defendant C and Defendant D jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff under the foregoing Guarantee Insurance Contract.

E. On August 31, 2016, Defendant C issued to Defendant E the registration of ownership transfer based on the receipt of the Daegu District Court’s registration No. 140693, the sales contract on August 2, 2016, with respect to the real estate listed in the separate sheet owned by Defendant C (hereinafter “instant real estate”).

F. At the time Defendant C transferred the instant real estate to Defendant E, Defendant C had a more debt than the property.

[Ground] A dispute.

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