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(영문) 청주지방법원 2018.03.28 2017나12661
사해행위취소 등
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a guarantee insurance contract between the Plaintiff and B on November 13, 2013 between B and B, which is the trade name of “C”, and the insured is the “New Daily Co., Ltd. (hereinafter “New Daily”) between B and B.

(2) On March 24, 2014, the Plaintiff concluded a guarantee insurance contract with the term of insurance “101,400,000 won,” and the term of insurance “from November 13, 2013 to March 2, 2015,” with the content of the guarantee as “contract deposit under an plant piping and virtue production and supply contract.” (2) The Plaintiff entered into a guarantee insurance contract with the insured as “new weather”, “50,000,000 won,” “from March 24, 2014 to March 2, 2015,” and the content of the guarantee as “pre-payment pursuant to an plant pipeline and virtue production and supply contract.”

[1] The term "guarantee Insurance Contract of this case" in all of the Guarantee Insurance Contracts under the above Paragraph (1)

(B) B. B. B and the Defendant: (a) the Defendant lent KRW 60,000,000 to B on March 16, 2015 between B and the wife’s purchase site.

2) In order to secure the above loan, the Defendant: (a) 357 square meters in Cheongju-gu, Seodong-gu and the attached list on the same day; (b) 84.87 square meters in Cheongdong-gu, Seodong-gu, Cheongdong-gu and 357 square meters in Cheongdong-gu; (c) 84.87 square meters in lusium in lusium; and (d) 34 square meters in lusium attached

3) As to the establishment of a mortgage contract, the mortgage contract is concluded (hereinafter “mortgage contract”).

(2) As to the instant real estate, the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage”) around the Cheongju District Court No. 34630, Mar. 16, 2015, with the maximum debt amount of KRW 60,000,000,000.

(3) B) There is no particular property other than the instant real property.

C. On March 2, 2015, the Plaintiff’s payment of insurance proceeds for the new weather is the instant case if the Plaintiff failed to comply with the plant piping and virtue production and supply contract.

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