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(영문) 대구고등법원 2016.01.07 2015나20217
사해행위취소
Text

1. The decision of the court of first instance is modified as follows, following the change of the plaintiff's claim in the trial room:

(c). (a).

Reasons

1. Basic facts

A. On October 28, 2011, the Plaintiff, a premise for revocation of a fraudulent act, is the Plaintiff’s preserved claim 1) The Co-Defendant A Co-Defendant Corporation of the first instance trial (hereinafter “A”).

A) Between A and A ZETEX Co., Ltd. (hereinafter referred to as “NETEX”)

(2) As to the obligation to pay for the goods, a performance guarantee insurance contract that is concluded from October 29, 201 to October 28, 2013 (hereinafter “instant insurance contract”) with respect to the insurance coverage amounting to KRW 200 million, and the insurance coverage period.

(B) the co-defendant B, C (hereinafter referred to as “B”), and “C” in the first instance trial.

(2) Under the insurance contract of this case, A guaranteed the Plaintiff’s obligation under the insurance contract of this case. (2) According to the insurance contract of this case, upon the Plaintiff’s performance of the guaranteed obligation under the insurance contract of this case, A shall pay the Plaintiff the amount of the goods that the Plaintiff repaid on behalf of the Plaintiff for the performance of the guaranteed obligation, and damages for delay in accordance with the rate of delayed damages determined by the Plaintiff from the day following the date of subrogation until the date of full payment. The rate of late

3) A, around December 2012, did not perform the obligation to pay the price for the goods to ZEex. As a result, the Plaintiff, upon the performance of the obligation under the instant insurance contract, subrogated KRW 189,902,872 to ZEex on October 2, 2013, on behalf of the Plaintiff for the amount of KRW 189,902,872. As a result, A, B, and C jointly and severally, were liable to pay to the Plaintiff the amount of KRW 189,902,872 as well as damages for delay calculated at a rate of 19% per annum from October 3, 2013 to July 14, 2014, and from the next day to the date of full payment, the Plaintiff was obligated to pay damages for delay calculated at a rate of 20% per annum.

(A) This case’s indemnity claim against Plaintiff B, etc. (hereinafter “Plaintiff’s indemnity claim”). (b)

B’s disposal of property 1) B, on June 4, 2013, the K non-real estate trust corporation (hereinafter “K non-real estate trust”).

(B) each of the real estates listed in the separate sheet (hereinafter referred to as “instant building”) between them;

with respect to paragraph (1).

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