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(영문) 서울중앙지방법원 2016.06.22 2015가합544021
사해행위취소
Text

A. On September 4, 2013, Defendant A and C concluded on September 4, 2013 with respect to one-half shares of the real estate listed in attached Table 1.

Reasons

Basic Facts

The defendant A is the spouse of C, who is the internal director of the corporation D (hereinafter referred to as the "foreign company") and is the female of E, the representative director of the non-party company.

On September 8, 2011, the Plaintiff Company entered into a contract with the Korea hydroelectric Power Co., Ltd. (hereinafter “Korea hydroelectric Power Co., Ltd.”), under which the Nonparty Company would supply F equipment to the Korea hydroelectric Power Co., Ltd. (hereinafter “instant supply contract”).

On September 9, 2011, in order to guarantee the implementation of the instant supply contract, Nonparty Company concluded a performance guarantee insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff, which covers the insured’s insurance amount as Korea hydroelectric power, as KRW 390,500,00, and the insurance period as from September 8, 2011 to April 1, 2017.

The non-party company received an insurance policy from the plaintiff and delivered it to the Korea hydroelectric Energy, and C guaranteed the obligation under the insurance contract of the non-party company in this case.

When the Plaintiff paid insurance money to the insured in accordance with the insurance contract of this case, the non-party company and the joint guarantor paid insurance money to the Plaintiff, one year and 365 days from the day from the day following the payment date of the insurance money paid by the Plaintiff to the day of full payment, and the Plaintiff calculated the number of delayed days on a daily basis, and paid damages for delay and expenses calculated by multiplying the rate of interest rate (6% per annum from the day following the payment date until 30 days, and 9% per annum from

On February 4, 2014, the non-party company was decided to commence rehabilitation procedures on March 5, 2014 after filing an application for commencing rehabilitation procedures with the Incheon District Court.

On April 17, 2014, Nonparty Company renounced the implementation of the instant supply contract on the grounds of the decision to commence the above rehabilitation procedure with respect to the Korea hydroelectric power, and accordingly, the Korea hydroelectric power plant on April 28, 2014.

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