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(영문) 서울중앙지방법원 2019.01.11 2017가합578110
사해행위취소
Text

1. The Plaintiff:

A. Defendant B and C are jointly and severally 49,000,000 won and the aforementioned amount shall be from April 13, 2017 to May 13, 2017.

Reasons

1. Determination as to the claim against Defendant B and C

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant D and E

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

3. Determination as to the claim against Defendant F and G

A. Fact 1) On January 14, 2016, the Plaintiff Company B (hereinafter “Defendant Company”) concluded a guarantee insurance contract between the Plaintiff and the Plaintiff (hereinafter “Defendant Company”) on the part of the Defendant Company B (hereinafter “Defendant Company”) on the part of January 14, 2016, for the amount of insurance coverage amounting to KRW 350,000,000: the insurance period: from February 1, 2016 to January 31, 2018; for the content of the guarantee: the liability for damages under the agency contract of a mobile network operator and the obligation to be borne by the Defendant Company against the Plaintiff due to the instant guarantee insurance contract (hereinafter “instant guarantee insurance contract”). At that time, Defendant D jointly and severally guaranteed the obligation to be borne by the Plaintiff.

B) In the event that the Plaintiff pays insurance money due to an insured event, the Defendant Company and Defendant D agreed to pay to the Plaintiff the amount of the insurance money to be paid and delay damages in accordance with the applicable interest rate on delayed damage (see Article 3(1) and (2) of the Guarantee Insurance Contract). The above applicable interest rate determined by the Plaintiff is 6% per annum from the day following the payment of the insurance money until 30 days, 9% per annum from the following day to the day of the payment of the insurance money, 122,40 won per annum from the following day to the day of the full payment of the insurance money, and 12% per annum from the next day to the day of the full payment of the insurance money. C) on March 29, 2017 (i.e., terminal payment of KRW 353,195,392 in total (i.e., terminal payment of KRW 26,113,241 in total, 62,813,807 in total). However, Defendant Company notified to pay the above obligation.

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