logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2016.08.10 2016가단4741
사해행위취소
Text

1. The sales contract concluded on September 27, 201 between the defendant and the non-party B on each real estate listed in the separate sheet was 29.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract for fidelity Guarantee with B as follows.

(1) A policyholder B, the insured, the current insurance agency, the insurance amount of KRW 11,00,000,000, and the insurance period from February 1, 201 to January 31, 2013 (hereinafter “instant contract”). (2) A policyholder B, the insured, the current sales agency, the insurance amount of KRW 20,00,000, and the insurance period from July 25, 201 to July 24, 2012 (hereinafter “instant two contracts”).

B caused an insured incident caused by embezzlement, etc. on August 8, 2011 and on the 9th day of the same month, and then the YY insurance agency claims insurance proceeds under each of the instant insurance contracts. The Plaintiff paid KRW 2,610,811 on March 28, 2012 and KRW 4,257,371 on July 26, 2012 under the instant contract, respectively, and paid KRW 10,67,981 on May 4, 2012 under the instant contract.

C. The Plaintiff filed a lawsuit against B for the payment of the insurance proceeds of the instant first contract with the Gwangju District Court 2013Gaso108562, and filed an application for the payment order of the insurance proceeds of the instant second contract with the Seoul Central District Court 2013Da168909, and received a judgment or payment order citing the foregoing as follows, and both the judgment and the payment order became final and conclusive.

(1) The Seoul Central District Court Decision 2013Na108562: "The defendant (B) shall pay to the plaintiff 8,213,540 won and 6,868,182 won with 15% interest per annum from October 17, 2013 to January 14, 2014, and 20% interest per annum from the next day to the date of full payment" (2) "the debtor (B) shall pay to the creditor (the plaintiff) 10,67,981 won and 20% interest per annum from the next day to September 16, 2013."

D. B: (a) on September 27, 201, the case between the Defendant and each of the real estates listed in the separate sheet, which was owned by the Defendant.

arrow