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(영문) 서울중앙지방법원 2018.09.05 2017나82569
사해행위취소 등
Text

1. Defendant C among the judgment of the first instance, including the Plaintiff’s claim against Defendant C extended by this court.

Reasons

1. Facts of recognition;

A. On September 19, 2016, the Plaintiff concluded a performance guarantee insurance contract (hereinafter “instant performance guarantee contract”) with the insured H, insurance amounting to KRW 50 million, and insurance period from September 19, 2016 to September 18, 2017 in order to guarantee the payment of the price for the goods supplied by G from H Co., Ltd. (hereinafter “H”), and Defendant B guaranteed the obligation that G owes to the Plaintiff under the instant performance guarantee contract on the same day.

B. On September 26, 2016, G supplied Chapter 771 SDR to H as collateral for the performance guarantee insurance policy issued pursuant to the instant guarantee agreement, but did not pay the price of goods to H by October 27, 2016, which is the due date for payment of the price of goods.

Accordingly, H demanded the Plaintiff to pay insurance proceeds on December 6, 2016, but on January 12, 2017, G paid KRW 10 million out of the price of the pertinent goods, and subsequently, until February 16, 2017, “20 million until February 10, 2017,” and until February 20, 2017, it would pay the remainder of KRW 31,182,674.

“A bona fide performance undertaking” was issued, and the claim for insurance money was withdrawn on January 17, 2017, but G did not comply with the content of the performance undertaking.

C. On February 21, 2017, the Plaintiff received a new claim for the payment of insurance proceeds from H, and paid KRW 41,182,674 of the insurance proceeds on March 10, 2017.

Meanwhile, when the Plaintiff and G paid the insurance proceeds under the instant guarantee agreement, the Plaintiff and G agreed to pay damages for delay in accordance with the interest rate publicly notified by the Plaintiff from the day following the payment date to the day of full payment. Accordingly, the interest rate publicly announced by the Plaintiff is 6% per annum from the day following the payment date of insurance proceeds to 30% per annum, 9% per annum from the day following the payment date of insurance proceeds to

[Ground of recognition] Facts without dispute, Gap evidence 1 through 19 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.

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