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(영문) 서울중앙지방법원 2019.11.08 2019가단5177151
사해행위취소
Text

1. The Defendant’s KRW 6,969,965 for the Plaintiff and its related KRW 5% per annum from January 12, 2019 to August 19, 2019.

Reasons

1. On August 29, 2017, the Plaintiff concluded a performance bond insurance contract with the Defendant and the Insured C (hereinafter “Nonindicted Company”) and the content of the guarantee: Debt Guarantee under the consignment sale contract, and insurance period: From September 1, 2017 to August 31, 2018, special engineer: within the coverage of the purchase amount of the securities, guarantee within the limit of obligations arising under the old securities and within 90 days from the date following the expiration date of the insurance period; the insurance contract of the old securities is terminated; the contract amount: 160,000,000 won; the non-party company claimed against the Plaintiff on December 19, 2018 that the Plaintiff should pay the above money in addition to the attempted amount following the settlement of the Defendant’s closing point; the Plaintiff’s payment of KRW 9,969,965 to the non-party company; the Plaintiff’s payment of KRW 300,00 as a whole, without any dispute among the parties to the contract; and the Plaintiff’s payment of KRW 100.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 6,969,965 won for indemnity (=9,969,965 won - 3 million won), and to pay 5% per annum as prescribed by the Civil Act from January 12, 2019 to August 19, 2019, which is the service date of a copy of the complaint of this case, and 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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