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(영문) 대전지방법원 2019.01.09 2017가단217738
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Claim 1) The Plaintiff Company D (hereinafter “D”)

(E) this E Co., Ltd. (hereinafter referred to as “E”);

A) On October 4, 1995, a guarantee insurance contract between D and D (hereinafter “instant guarantee contract”) is concluded in order to secure the obligation for installment payments under the contract for automobile installment.

(C) On September 30, 1996, a guarantee accident occurred, and the Plaintiff subrogated for KRW 6,148,555 on January 30, 1997.

3) On March 12, 207, the Plaintiff filed a lawsuit seeking reimbursement against D, C, and F with Seoul Central District Court Decision 2007Da125113, and filed a lawsuit for reimbursement on March 12, 2007, “the Defendant jointly and severally pays to the Plaintiff the remainder of KRW 5,313,415 + the outstanding delay damages + KRW 4,503,773 + the fixed delay damages + KRW 5,314,415.” The above decision became final and conclusive around that time; 4) The amount of the claim against C as of November 28, 2018 + KRW 8,67,459 [the amount of the claim until February 26, 2014 + KRW 2321,327,987, KRW 1308, KRW 4198, KRW 4197, KRW 197, KRW 1964, KRW 1968, KRW 1965, KRW 497, KRW 1948,27,27.

B. G, which is the wife of C and the Defendant, died on July 18, 2012. G’s heir of G, not only the husband, but also the Defendant and H, a child. C’s inheritance shares are 3/7 shares, and the Defendant and H’s inheritance shares are 2/7 shares, respectively. (ii) C’s share in the real estate in the attached Form (J apartment L, Dong-dong, Dong-dong, Daejeon, and hereinafter “instant apartment”).

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