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(영문) 서울중앙지방법원 2017.06.23 2016가단5039470
사해행위취소
Text

1. On July 12, 201, a sales contract was concluded between B and the Defendant with respect to one-half of the real estates listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim for indemnity against B 1) C (hereinafter “C”)

on August 30, 2010, Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”)

2) From the perspective of the construction of a new building, the construction of a new building (hereinafter referred to as the “instant construction”).

(2) From August 30, 201 to October 30, 2011, the construction period was set as KRW 3,366,735,30, and the subcontract was concluded. (2) On August 30, 2010, the Plaintiff entered into a guarantee insurance contract for performance (contract) with C (hereinafter “instant insurance contract”). On the same day, the Plaintiff jointly and severally guaranteed the Plaintiff’s indemnity liability for the Plaintiff under the instant insurance contract.

① The insured: (2) From August 30, 2010 to October 30, 2011, the insurance period: 336,673,530 won: 4. Contract deposit: 336,673,530 won: 3. The main contract price of the instant construction project has been seized due to material payment; (3) on August 25, 201, Hyundai Construction’s waiver of construction; and (4) on September 29, 2011, Hyundai Construction sent a certificate proving that the said subcontract was terminated, and reached C on September 30, 201, the Plaintiff reported the remaining construction price of 83,340,780 won, which was claimed from Hyundai Construction to KRW 50,364,164,164,386,378,3784,47,287,2784,287,2784,207.

5 On February 13, 2013, the Plaintiff filed a lawsuit seeking reimbursement with the Seoul Central District Court 2013da5016124 with the Defendant C and B, and the said court refers to the Defendant C and B as of November 21, 2013.

The Plaintiff’s KRW 279,837,960 and KRW 274,424,658 among them are 15% per annum from November 19, 2012 to January 8, 2013, and 20% per annum from the following day to the date of full payment.

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