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(영문) 서울중앙지방법원 2015.11.17 2013가단144109
구상금 등
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 1, 2009, the Plaintiff Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) concluded a performance guarantee insurance contract (hereinafter “the instant guarantee insurance contract”) with the Defendant on the condition that the Defendant Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.; hereinafter “Korea Life Insurance Co., Ltd.”) is an insurance solicitor of Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) with respect to the obligation to refund fees for Korean Commercial Life due to non-maintenance (e.g., efficacy, cancellation, termination, etc.) of the insurance contract.

B. In order for Defendant A, etc. to fail to perform the obligation to refund fees for non-maintenance of the insurance contract, the Seoul Central District Court 201Kahap64497 (hereinafter “Seoul Central District Court”) brought a lawsuit claiming insurance money under performance guarantee insurance contract against Plaintiff Seoul Guarantee Insurance Co., Ltd., and the Plaintiff Seoul Guarantee Insurance paid KRW 25,273,170 on April 29, 2013, the insurance money under the instant guarantee insurance contract was paid to Hanhwa Life.

C. On February 9, 2010, Defendant A completed the registration of transfer of ownership on the ground of donation on February 8, 2010 with respect to 1/2 shares among the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B on February 9, 2010.

Plaintiff

On May 27, 2013, Seoul Guarantee Insurance claimed against Defendant A for reimbursement of indemnity amount under the instant guarantee insurance contract (hereinafter “the instant indemnity amount”), and filed a lawsuit against Defendant B with respect to the instant real estate by seeking revocation of the said gift agreement concluded with Defendant A as a fraudulent act and seeking compensation for value.

E. On June 28, 2013, the filing of the instant lawsuit, Defendant A filed an application for individual rehabilitation with Suwon District Court 2013da74722, which was June 28, 2013, and the decision to commence individual rehabilitation was made on February 25, 2014.

(f) The list of individual rehabilitation creditors drawn up in the above individual rehabilitation procedure.

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