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(영문) 서울중앙지방법원 2015.12.23 2015가단31696
사해행위취소 등
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 92,342,520 and KRW 89,600,00 among the Plaintiff, Defendant A and B, respectively.

Reasons

1. Basic facts

A. (1) On November 14, 2012, the Plaintiff concluded a ceiling transaction agreement between the Defendant Company and the Defendant Company regarding the limitation transaction amounting to KRW 3.5 billion, from November 14, 2012 to November 13, 2013, with the aim of guaranteeing the performance of the obligation to be borne by the Defendant Company due to performance bidding, performance contract, performance defect, etc., the limitation transaction period is from November 14, 2012 to November 13, 2013; and the cover period of the guarantee insurance contract by case is from January 1, 2011 to December 31, 2019 (hereinafter “instant ceiling transaction agreement”).

(2) At the time, Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff based on the instant credit transaction agreement. (2) At the time, Defendant Company and Defendant B agreed to exercise the right of reimbursement in advance in the event the Plaintiff paid insurance money to the insured, the insurance money paid, the damages for delay in accordance with the rate of delay notified by the Plaintiff, and the expenses paid by the Plaintiff for the preservation of claims.

The rate of delay damages publicly announced by the Plaintiff is 6% per annum from the day following the date of payment of insurance proceeds to 30 days, 9% per annum from the following day to 90 days, and 15% per annum thereafter.

3) On October 7, 2013, based on the instant ceiling trading agreement, the Plaintiff between the Defendant Company and the Defendant Company, as the Defendant Company’s Grand Forest Industry Co., Ltd. (hereinafter “Large Forest Industry”).

(3) In order to secure the warranty bond under the construction contract for the construction project, the warranty insurance contract for the performance of the following contents (hereinafter “instant warranty insurance contract”).

AB concluded the agreement.

Insured workers: Amount of insurance coverage for the large forest industry: the insurance period of KRW 131,450,00: From February 1, 2013 to January 31, 2016: The details of the main contract for the security deposit for defects under the construction contract: Sewage treatment plant and the Man-Man Pump station.

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