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(영문) 광주지방법원 2016.11.29 2016가단505870
사해행위취소
Text

1. On April 7, 2014, an agreement on the division of the inherited property on April 7, 2014 between the Defendant and Nonparty B was reached.

Reasons

1. Basic facts

A. A. Around January 27, 1994, the Plaintiff agreed with Nonparty B to guarantee the payment of the loan amounting to KRW 20 million from the Korea Life Insurance Co., Ltd., the Plaintiff entered into an insurance contract and an insurance contract for small loan sales with the policyholder as of January 26, 2004, with the insurance period of KRW 22,00,000 and the insurance period of KRW 22,00,000 from May 24, 1994 from the same date.

B. The Plaintiff paid KRW 18,789,040 on August 9, 1996 upon the claim for the payment of the insurance proceeds by Nonparty Han Han-sung. The Defendant paid KRW 1,86,428 on May 15, 1997 and appropriated it for the principal of the above insurance proceeds. Upon the claim for the payment of the insurance proceeds by Nonparty Hyundai Hyundai, the Plaintiff paid KRW 739,050 on September 10, 1996.

C. On November 11, 1998, the Plaintiff filed a lawsuit claiming the amount of indemnity with the Gwangju District Court as the Defendant, and was ruled in favor of the Plaintiff on November 11, 1998, that “B shall pay to the Plaintiff 24,779,97 won and 17,661,62 won per annum from July 15, 1998 to the day of full payment.”

The above judgment became final and conclusive on December 13, 1998.

(At least 98 Ghana 5153) d.

On the other hand, the plaintiff filed a lawsuit claiming compensation with the Gwangju District Court for the interruption of extinctive prescription against the claim based on the above judgment and received a favorable judgment on September 30, 2008. The above judgment became final and conclusive on October 25, 2008.

(The District Court 2008 Ghana13281). e.

On October 29, 2006, C, which was referred by B, died on October 29, 2006, there are D, son's spouse, B, Defendant A, E, and F.

However, the above D on June 23, 2011.

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