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(영문) 대구지방법원서부지원 2019.01.31 2018가단55798
사해행위취소
Text

1. Defendant B’s KRW 30,000,000 as well as 6% per annum from March 24, 2018 to April 22, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On January 25, 2018, the Plaintiff entered into a performance guarantee insurance contract with Defendant B (the guarantee amount of KRW 30,000,000, and the guarantee period of KRW 27,100 from January 28, 2018 to January 27, 2019). In the event that the Plaintiff’s payment of insurance proceeds is not made due to the failure to perform obligations under the main contract entered into with Defendant B E Co., Ltd. (hereinafter “E”), Defendant B entered into an agreement with the Plaintiff to pay the Plaintiff for the insurance proceeds calculated at the rate of 6% per annum from the day following the payment date of the insurance proceeds paid by the Plaintiff to the 30th day from the day following the payment date of the insurance proceeds paid by the Plaintiff, and damages for delay

B. Defendant B filed a claim with the Plaintiff for the payment of insurance proceeds as Defendant B did not perform his/her contractual obligation, and the Plaintiff paid KRW 30,000,000 insurance proceeds to E on March 23, 2018.

C. On the other hand, on February 6, 2018, Defendant B completed the registration of ownership transfer for each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on February 5, 2018 (hereinafter “the instant transaction”). D.

At the time of the conclusion of the instant sales contract, Defendant B had a large number of obligations, such as the F Card’s obligation of KRW 10,575,000, but did not have any particular assets except each of the instant real estate.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including each number), the Ministry of Land, Infrastructure and Transport of this Court, and the fact inquiry results of G, the purport of the whole pleadings

2. On January 25, 2018, when the Plaintiff entered into a performance guarantee insurance contract with Defendant B on or around January 25, 2018 with respect to the claim against Defendant B, the Plaintiff agreed to pay insurance proceeds to the Plaintiff by 6% per annum from the date following the date of payment to 30% per annum from the date following the date of payment to the Plaintiff, and by 60% per annum from the following day to the date of payment to the date of payment. Defendant B’s failure to perform its obligation under the main contract, thereby making the Plaintiff paid insurance proceeds to E.

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