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(영문) 수원지방법원성남지원 2016.09.07 2015가단208138
사해행위취소
Text

1. The sales contract concluded on April 26, 2010 between the defendant and B on the real estate indicated in the separate sheet between the defendant and B is 17.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into two guarantee insurance contracts between the insured Co., Ltd. Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and the insured Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), each of the insurance coverage amounting to 50,000,000 won, and the insurance coverage period from December 16, 2008 to December 15, 2009. The Nonparty Co., Ltd. entered into a franchise agreement with the Plaintiff to provide the surety insurance policy issued by the Plaintiff on the new card, and the Nonparty Co., Ltd. and D jointly and severally guaranteed the obligation to be borne by the Plaintiff due to the said guarantee insurance contract.

B. Around December 2009, Nonparty Company failed to perform the obligation under the franchise agreement on the new card, and on April 2010, the new card claimed insurance money based on the guaranty insurance policy issued by the Plaintiff to the Plaintiff. On August 26, 2011, the Plaintiff paid KRW 100,000,000 insurance money to the new card.

C. On September 11, 2013, the Plaintiff filed a lawsuit against the Plaintiff regarding the claim for reimbursement with the Seoul Central District Court 2013Da62931, the said court rendered a judgment that “The Plaintiff shall jointly and severally pay to the Plaintiff 101,608,549 won and KRW 99,642,90 from November 25, 2011 to August 17, 2013, the amount of 15% per annum from the next day to the date of full payment, and the amount of 20% per annum from the next day to the date of full payment.”

B On April 26, 2010, between the Defendant and the Defendant, a contract was concluded to sell KRW 720,000,000 of the real estate indicated in the separate sheet (hereinafter “instant real estate”). On May 27, 2010, B completed the registration of ownership transfer to the Defendant.

E. At the time of the instant sales contract, B was in excess of its obligation.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 5, and purport of whole pleading

2. The Defendant rendered a judgment on the previous defense of the merits, and rendered a favorable judgment by filing a lawsuit against B on March 7, 2013, claiming the amount of reimbursement.

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