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(영문) 대구지방법원 2018.11.09 2018가단100325
사해행위취소
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 56,980,80,80, and KRW 26,980,80, and KRW 28,00,00.

Reasons

Facts of recognition

The Plaintiff’s claim against Defendant A and B entered into a performance guarantee insurance contract as listed below (hereinafter “each of the above insurance contracts”) with Defendant A and C Co., Ltd. (hereinafter “Defendant A”) in order to guarantee the payment of credit goods to Defendant C and C Co., Ltd. (hereinafter “SCoCoCoCo Korea”) on the date of the following table (hereinafter “the above insurance contract”) and Defendant B jointly and severally guaranteed Defendant A’s obligation under each of the above insurance contracts on the date of the above contract.

A CD C Defendant A and B agreed to pay the Plaintiff the insurance proceeds and the rate of delay damages (6% per annum from the date following the date of payment of the insurance proceeds to the 30th day from the date of payment of the insurance proceeds, 9% per annum from the next day to the 60th day from the date of payment of the insurance proceeds, and 15% per annum from the next day to the date of delivery of the complaint) set by the Plaintiff.

C. C and C filed a claim with the Plaintiff for the payment of insurance proceeds on the grounds of Defendant A’s nonperformance of contractual obligation under Defendant A’s main contract. On November 27, 2017, the Plaintiff paid KRW 26,980,800 to C and December 6, 2017, respectively.

With respect to each real estate listed in the separate list owned by Defendant B (hereinafter “each of the instant real estate”), the establishment registration of a mortgage in the name of Defendant B, Defendant B, the debtor, was completed on December 5, 2017, due to the establishment registration of a mortgage agreement (hereinafter “instant mortgage agreement”) on December 4, 2017, under the name of the maximum debt amount of KRW 150 million, and the Defendant B, the debtor, Defendant B, the Defendant B, the (hereinafter “Defendant B”) on December 4, 2017.

(hereinafter) The foregoing right to collateral security (hereinafter referred to as the “instant right to collateral security”) and the registration of creation of the said right to collateral security (based on recognition) / [Defendant A and B]: Article 208(3)2 and 208(3) of the Civil Procedure Act of deemed confession.

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