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(영문) 인천지방법원 2014.01.15 2013가합8553
사해행위취소
Text

1. Defendant A, B, and Ethex shall be jointly and severally owned by the Plaintiff at KRW 248,134,804 and its 238,290 among them.

Reasons

1. Basic facts

A. On March 28, 2012 and April 9, 2012, the Plaintiff entered into a guarantee insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) on two occasions, and entered into a guarantee insurance contract concluded on March 28, 2012, which was concluded on April 9, 2012 with each performance (payment) guarantee insurance contract (payment) covering the obligation to pay sirens under the rental agreement with Defendant A Co., Ltd. (hereinafter “Kene”) (hereinafter “instant first guarantee insurance contract”), which was concluded on March 28, 2012.

D. Article 3 of the Guarantee Insurance Contract of this case provides that, in the event that the Plaintiff’s failure to perform the obligation or obligation guaranteed by the Plaintiff and the Plaintiff’s payment of insurance proceeds is made, the Defendant A and the guarantor shall pay damages for delay to the insurance proceeds paid by adding them to the interest rate applied to the damages for delay, and the damages for delay shall be calculated by multiplying the insurance proceeds by the interest rate applied to the damages for delay publicly notified by the Plaintiff, and the damages for delay shall be calculated by adding them to the insurance proceeds, and the expenses incurred in the exercise of the preservation and transfer of claims for indemnity, subrogation claims, etc. shall also be reimbursed. The applicable rate of damages for delay announced by the Plaintiff shall be 6% per annum, 9% per annum, and 90%

【Defendant B and Defendant Emphex (hereinafter “Defendant Emphex”) jointly and severally guaranteed all the obligations that Defendant A owes to the Plaintiff according to each guarantee insurance contract of this case.

B. (i) From August 20, 2012, Defendant A unpaid rental fee for the Kitren, and on November 23, 2012, Defendant A claimed insurance money under each of the instant guarantee insurance contracts against the Plaintiff.

B. On December 5, 2012, the Plaintiff: (a) the insurance money under the first guarantee insurance contract of this case to the Kitrens on December 5, 2012; (b) 224,459.

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