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(영문) 부산지방법원 2018.06.27 2016가단353315
사해행위취소
Text

1. Each of the plaintiff's claims is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relation 1) The Plaintiff is a company engaged in the business of guarantee insurance, credit insurance, etc., and the Defendant is a company engaged in freezing, cooling, storage, fishery products wholesale, retail, and processing business. 2) A Co., Ltd. (hereinafter “D”) is a company engaged in the wholesale and retail business of valves, and C is the above D’s representative director.

Co., Ltd. E (hereinafter referred to as “E”) is a company that manufactures and sells valves, and mainly manufactures and sells valves to D.

F Co., Ltd. (hereinafter referred to as “F”) is a major trading company that provides valves supplied by D from E, which is engaged in civil engineering, construction, industrial equipment construction, etc.

B. On February 6, 2015, the instant sales contract and the ownership transfer registration C entered into a contract with the Defendant to sell each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) (hereinafter “instant real estate”). Accordingly, on March 3, 2015, the ownership transfer registration in the Defendant’s future (hereinafter “instant ownership transfer registration”) was completed regarding the instant real estate on March 3, 2015.

C. Plaintiff’s issuance of insurance policies and payment of insurance proceeds 1) The Plaintiff and D shall enter into a guarantee insurance trading agreement with the maximum trading amount of KRW 4 billion on May 22, 2014, and the maximum trading period from May 22, 2014 to May 21, 2015, with the insurance period of each guarantee insurance contract from January 1, 2013 to June 30, 2018 (hereinafter “instant guarantee trading agreement”).

C and E concluded a contract and jointly and severally guaranteed the obligation of D to the Plaintiff based on the above agreement. 2) After that, according to the instant limit transaction agreement, the Plaintiff and D have concluded with F. In the event of an insured incident due to failure to perform the obligations or obligations under the same main contract as attached Table 1 (hereinafter “instant main contract”), the Plaintiff is obliged to pay the insurance proceeds to F.

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