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(영문) 광주지방법원 2020.07.17 2019가단538772
사해행위취소 등
Text

1. Defendant B, C, D, and E jointly and severally with the Plaintiff as from November 6, 2019.

Reasons

1. Basic facts

A. On November 21, 2017, the Plaintiff entered into a guarantee insurance contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the insured as KRW 100,00,000 (hereinafter “First Guarantee Insurance Contract”); Defendant C, D, and E jointly and severally guaranteed all of the indemnity obligations owed to the Plaintiff under the said guarantee insurance contract; and on July 2, 2019, the insured event under the said guarantee insurance contract occurred, and the Plaintiff paid KRW 97,59,59,590 as insurance proceeds to I Co., Ltd., the insured as the insured.

B. On February 19, 2019, the Plaintiff concluded a guarantee insurance contract with I Co., Ltd. and the insured amount of KRW 30,000,000 (hereinafter “the second guarantee insurance contract”); Defendant C jointly and severally guaranteed the obligation for indemnity owed by the Defendant Company to the Plaintiff under the said guarantee insurance contract; and on October 11, 2019, the insured event under the said guarantee insurance contract (the payment for foreign goods) occurred, and the Plaintiff paid KRW 13,860,000,00 to I Co., Ltd., the insured, as insurance proceeds.

C. Defendant C owned the real estate listed in the separate list, but at the level of excess of the obligation, on October 16, 2019, on the ground of the contract to establish a collateral on each of the said real estate, Defendant C completed the registration of creation of the collateral security amount of KRW 30,000,000 with the registration office of Gwangju District Court No. 182901, Oct. 17, 2019. Defendant G also completed the registration of establishment of the collateral security amount of KRW 30,000 with the registration office of Gwangju District Court No. 182902, Oct. 17, 2019.

Defendant E owned 1/2 of the real estate stated in the separate list No. 2. However, Defendant E owned 1/2 of the aforementioned real estate share due to the collateral security contract concluded on August 12, 2019, and Defendant H’s receipt of August 12, 2019 by the Gwangju District Court registry No. 140660, August 12, 2019.

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