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(영문) 대구지방법원 2018.08.17 2017가단128425
사해행위취소
Text

1. Defendant A and B jointly and severally agreed to the Plaintiff KRW 30,000,000 and 6% per annum from July 1, 2017 to July 30, 2017.

Reasons

Facts of recognition

On May 3, 2016, the Plaintiff’s claim against Defendant A and B entered into a contract with Defendant A and Syunified Korea Co., Ltd. (hereinafter “Private Syunified Korea”) on a main contract with Defendant A to guarantee the payment of foreign currency goods to Defendant A for the payment of foreign currency goods, and Defendant A entered into the performance guarantee insurance contract (hereinafter “instant insurance contract”) with the insured Syunified Korea, the insurance amount of KRW 30 million, and the insurance period from April 4, 2016 to April 3, 2017 (hereinafter “the instant insurance contract”). Defendant B guaranteed the Defendant A’s debt under the instant insurance contract on the same day.

Defendant A and B agreed to pay the Plaintiff the insurance money to the Plaintiff and the delay damages at the rate determined by the Plaintiff from the day following the day of the payment of the insurance money to the day of the full payment (5% per annum from the day following the day of the payment of the insurance money, 9% per annum from the day following the day of the payment to the day of the payment of the insurance money, and 15% per annum from

The plaintiff claimed insurance money against the plaintiff on the ground of Defendant A's non-performance of contractual obligation under the main contract. On June 30, 2017, the plaintiff paid insurance money of KRW 30 million to the private lighting Korea.

With respect to the real estate listed in the separate list of the sales contract of Defendant A and C (hereinafter “the instant real estate”), the registration of ownership transfer was completed on December 21, 2012; ② on July 14, 2015, the registration of the establishment of a neighboring mortgage under the name of the Daegu Bank Co., Ltd. (hereinafter “the instant secured mortgage”); and the registration of the establishment of a neighboring mortgage under the name of the debtor, Daegu Bank Co., Ltd. (hereinafter “the instant first secured mortgage”); on March 9, 2016, the registration of the establishment of a neighboring mortgage under the said first secured mortgage (hereinafter “the instant secured mortgage”); and on March 9, 2016, the registration of the establishment of a neighboring mortgage under the name of the debtor, Defendant A, and Defendant C, the said secured mortgage (hereinafter “instant secured mortgage 2”); and the said registration of the establishment of a new mortgage is called “the registration of the establishment of a neighboring mortgage of the instant case 2”).

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