logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원속초지원 2016.06.14 2015가단301382
사해행위취소
Text

1. As to B-3/7 shares of each real estate listed in the separate sheet

A. On June 22, 2015, between the Defendant and Nonparty B.

Reasons

1. Following the fact of recognition was either in dispute between the parties or in dispute between the Defendant and the original intention, etc. However, the Defendant, by submitting a written response on May 4, 2016, acknowledged all the Plaintiff’s assertion.

A. Each entry of Gap evidence 1 through 6 (including branch numbers) may be recognized by integrating the purpose of the entire pleadings.

On April 30, 1993, Sep. 27, 1993, and Oct. 13, 1993, the Plaintiff concluded each guarantee insurance contract (hereinafter collectively referred to as the “instant guarantee insurance contract”) with Nonparty C in order to guarantee the guarantee of payment for installment sales in purchasing vehicles in installments with Nonparty C. In light of the details of evidence No. 1-2 and evidence No. 4, the “I” described below the four pages of the warden appears to be a clerical error of “D”. At the time of entering into the instant guarantee insurance contract, the Plaintiff jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff.

B. Since then, as C did not pay the installment sales price, the insured claimed for the payment of insurance proceeds to the Plaintiff. On January 3, 1995, the Plaintiff paid the insurance proceeds to the Plaintiff (the first guarantee insurance contract), KRW 39,539,242 (the second guarantee insurance contract) on December 30, 1994, and KRW 2,98,076 (the third guarantee insurance contract) on February 24, 1995.

C. D, a joint and several surety of the instant guarantee insurance contract, died on June 21, 2001. The deceased’s heir is E, C, F, G, H, and the Defendant’s mother.

Since then, the plaintiff filed a lawsuit against the deceased's heir, etc. including B, and received each winning judgment and the decision of performance recommendation (Seoul District Court No. 2010 Ghana9262, Ulsan District Court No. 2007dan9909, Busan District Court No. 2010 Ghana13671). The above judgment and the decision of performance recommendation became final and conclusive around that time.

E. As of October 30, 2015, the Plaintiff’s claim amount against B is KRW 32,544,463.

F. On the other hand, B is listed in the separate sheet that it was owned due to the death of his spouse.

arrow