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(영문) 인천지방법원 2018.10.17 2018가단227628
사해행위취소
Text

1. The debtor Gap changed the name of the contractor of each insurance contract entered in the separate sheet to the defendant.

Reasons

1. Facts of recognition;

A. On November 28, 2012, the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) determined KRW 14,400,000 as due date for payment to A on November 28, 2015; the rate of KRW 16.1% per annum; and the rate of overdue interest of KRW 19% per annum.

B. A delayed payment of interest and lost the benefit of the time limit on January 1, 2015. As of June 13, 2017, the interest and interest as of June 13, 2017 are the total of KRW 21,219,818 (= Principal KRW 14,400,000 or delay damages).

C. A concluded each of the instant insurance contracts on the Korea Life Insurance Co., Ltd. and the securities number in the separate sheet and the product name column (hereinafter “each of the instant insurance contracts”). The name of the contractor of each of the instant insurance contracts was changed from A to the name of the Defendant, who is a dependent, on each of the date indicated in the following list: the approval of the Korea Life Insurance Co., Ltd. was given.

On the other hand, A was in excess of its obligation, such as the obligation to pay more than KRW 500 million around December 2014.

A filed a petition for bankruptcy with the Incheon District Court 2017Hadan2611, which was declared bankrupt on October 26, 2017, and the plaintiff was appointed as a trustee in bankruptcy of the debtor.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (the evidence with a serial number includes a serial number) and the purport of the whole pleading

2. According to the facts of the above recognition, the obligor A, on December 26, 2014 and January 5, 2015, changed the name of the contractor of each insurance contract of this case from A to the defendant, who is his/her father, shall belong to the defendant to the claim for the refund for insurance contract. This constitutes an act that the obligor knew that the obligor was detrimental to bankruptcy creditors, and thus, constitutes an act that the obligor knew that it constitutes an act, and the obligor is obligated to notify the defendant that the obligor was denied by changing the name of the contractor of each insurance contract of this case, which is the other party to each insurance contract of this case.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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