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(영문) 서울중앙지방법원 2020.11.26 2020가단5055370
사해행위취소
Text

On May 14, 2018, 1/4 shares of E out of 1/2 shares of each real estate listed in the separate sheet between E and Defendant C.

Reasons

1. Facts of recognition;

A. On June 5, 2014, E entered into a long-term lease contract with F Co., Ltd. (hereinafter “instant long-term lease contract”). Around June 18, 2014, E entered into a guarantee insurance contract with the Plaintiff, “contractor E,” “F,” “insured F,” “F,” “10,500,000 won,” “from June 5, 2014 to June 4, 2017,” and “payment guarantee payment guarantee under the instant long-term lease contract” (hereinafter “instant long-term lease contract”).

B. In addition, around September 16, 2014, E entered into a VN agreement with F Co., Ltd. (hereinafter “instant VN agreement”). Around November 7, 2014, E entered into an insurance contract with the Plaintiff to guarantee the payment of damages for the E Co., Ltd. under the instant VN agreement (hereinafter “instant insurance contract”) with the terms and conditions as “contractor E,” “insured F Co., Ltd., Ltd.,” “8,100,000 won,” “from September 16, 2014 to September 15, 2017,” and “payment guarantee agreement” (hereinafter “instant insurance contract”) with the terms and conditions as “payment guarantee under the instant VN agreement” (see subparagraph 6 of the instant certificate; hereinafter “instant insurance contract”).

C. During the insurance period of each of the instant insurance contracts, E was unable to achieve the number of agreements stipulated in the instant long-term rental agreement and the instant VN agreement, and thus, E was liable to pay the personal amount as stipulated in each of the above contracts to F Co., Ltd.

Accordingly, F Co., Ltd., the insured of each of the instant insurance contracts, is the Plaintiff on August 21, 2018.

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