beta
(영문) 대구고등법원 2020.12.04 2020나22163

사해행위취소

Text

All appeals by the plaintiffs and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiffs and the defendant in the judgment of the court of first instance are not significantly different from each of the allegations in the court of first instance, there is no additional evidence submitted in the appellate court, and even if the evidence submitted in the court of first instance is examined, it is recognized that the facts of the court of first instance

Therefore, this court's reasoning is consistent with the reasoning of the judgment of the court of first instance except for the following "the part used by the court of second instance". Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance in which the insurance contract was used was concluded with the following content in Part 3 of the judgment of the court of first instance. The insurance contract was concluded with each insurance contract listed in the separate sheet No. 1 (hereinafter collectively referred to as the "instant insurance contract") and the following table was deleted.

From March 11, 2015, the lower portion between “Plaintiff, etc.” to “B” under the 3rd part of the judgment of the first instance and “B” under the 7th part shall be made by inserting the name of the contractor of the insurance contract of this case on March 11, 2015.

4. Judgment of the first instance court Nos. 4 and 5

B. Paragraph 1(5) is used as "the insurance contract, etc. of this case with substitute", and the part of the 8 and 9 "the ground for recognition" (which is the ground for recognition) is as follows.

[Ground for Recognition] Unsatisfy, Gap evidence 1, 4 through 12, and 15 (including each number, hereinafter the same shall apply)

Each entry in the first instance court, July 6, 2018 for G, and November 21, 2018 for each of the financial transaction information submission orders issued on July 21, 2018 for G in the first instance court, the entire purport of the pleadings is as follows: from the fourth part of the judgment of the first instance to the fourth part of the judgment of the court of first instance, from the fifth part and from the fifth part to the fifth part, the "court of claim" in the sixth part to the "base of claim", respectively.

At the seventh bottom of the first instance judgment, the following shall be added to the fourth below:

In addition, the defendant concluded the transfer contract of the status of the policyholder in this case instead of receiving unpaid benefits to D.