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(영문) 대전지방법원천안지원 2017.07.07 2016가합101429
사해행위취소 등
Text

1.(a)

Attached Form

The sales contract concluded on September 30, 2015 between E and Defendant A and B with respect to each real estate listed in the list.

Reasons

1. Performance (Defect 68,805,000) of GW 1. Insurance Co., Ltd. (Co.) with the insurance coverage period of 1.7.1: 5,205,00 from July 1, 2014 to December 31, 2017 〃 2 〃 143,90,00 from March 16, 2014 to March 15, 2017 〃 3 〃 154,407,000 from March 16, 2017 〃 154,6.36.6.6,00 from July 1, 2014 to December 31, 2016 (Co., Ltd.) for 205, EF 205, 2016 to 36.6.6, 206, EM 16.36,205, 2015 to 205.6

A. The Plaintiff entered into a performance guarantee insurance contract with G Co., Ltd. (hereinafter “G”) for the purpose of securing the obligation to guarantee the performance of the warranty bond, etc. to be borne by G in accordance with the construction contract (hereinafter “each of the instant insurance contracts”). E and F jointly and severally guaranteed the liability for indemnity against G in accordance with each of the instant insurance contracts (F).

B. On October 2, 2015, a guarantee accident stipulated in each of the instant insurance contracts was occurred due to the default on payment on October 2, 2015.

C. Ulsan Construction Co., Ltd., the insured of each of the instant insurance contracts, filed a claim with the Plaintiff for the performance of the guaranteed obligation under each of the instant insurance contracts. From December 22, 2015 to August 29, 2016, the Plaintiff paid KRW 553,190,909 in total to the Ulsan Construction Co., Ltd., Ltd. as listed in the following table as insurance proceeds.

Payment Insurance Money (won) for the payment date of an insured joint and several sureties E on December 22, 2015, the insured joint and several sureties E on August 29, 2016, the 43,100,000 Samsung C& 6, Jan. 27, 2016, E on January 27, 2016, the F, E, the 171,827,27,2738 H. 838.

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