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(영문) 광주지방법원해남지원 2017.06.27 2016가단21053
구상금 등
Text

1. Defendant A agricultural partnership and B jointly and severally with the Plaintiff KRW 36,655,790, and the aforementioned amount shall be from May 24, 2016 to June 2016.

Reasons

1. As to the claim for reimbursement against Defendant A farming association corporation and B

A. On May 21, 2013, the Plaintiff indicated the claim entered into a guarantee insurance contract with Defendant A Agricultural Partnership (hereinafter “Defendant Corporation”) on the debt owed to the Korea Rural Community Corporation of the Defendant Corporation under the joint and several sureties’s joint and several sureties’s joint and several sureties’s joint and several sureties, and on March 31, 2016, the Plaintiff paid KRW 36,655,790 of the insurance money to the Korea Rural Community Corporation on the ground that the Plaintiff failed to perform his/

(b) Judgment on deemed confessions of applicable provisions of Acts (Articles 150 (3) and 208 (3) 2 of the Civil Procedure Act);

2. As to the revocation of the fraudulent act against Defendant C

A. 1) On May 21, 2013, the Plaintiff entered into a guarantee insurance contract with the Defendant corporation and the Defendant corporation to pay the amount equivalent to the debt owed to the Korea Rural Community Corporation and pay the same amount to the Plaintiff as the indemnity amount (hereinafter “instant guarantee insurance contract”), and the Defendant B jointly and severally guaranteed the Defendant corporation’s liability under the said guarantee insurance contract.

B) From December 21, 2015, the Defendant Corporation delayed the performance of its obligations to the Korea Rural Community Corporation under the instant lease agreement, and the Korea Rural Community Corporation claimed for the payment of insurance proceeds to the Plaintiff on March 31, 2016, and the Plaintiff paid KRW 36,65,790 insurance proceeds to the Korea Rural Community Corporation on May 23, 2016. (2) Defendant B’s disposal act of Defendant B concluded a contract on February 2, 2016 to set a collateral security amount of KRW 160,00,000 for each real estate listed in the separate sheet owned by the Defendant C and the Defendant B (hereinafter “instant real estate”), and on the same day on the same day.

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