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(영문) 대구지방법원포항지원 2016.08.11 2015가단10576
사해행위취소
Text

1. As to 1/2 shares of 1/2 of 123 square meters in Northern-gu B B at Port at Port:

A. Inherited property concluded on June 2, 2015 between the Defendant and C.

Reasons

1. Facts of recognition;

A. The plaintiff, on May 16, 1997, is the joint and several surety insurance amount of the insurance amount of the plaintiff's claim No. C, which is the joint and several surety insurance period of the insurance amount of the insurance contract against Hyundai Automobile Corporation (hereinafter "Nonindicted Company") from April 27, 1997 to April 26, 200, 11,110,000 won C from April 15, 1997 to March 26, 200, and 14,520,000 won from March 22, 1997 to March 21, 1999 (hereinafter "credit guarantee insurance contract") as follows between D and E:

A) Upon entering into a contract, C jointly and severally guaranteed the obligation of D and E to the Plaintiff, D and E were jointly and severally guaranteed. (2) D and E were in arrears in paying the principal and interest of the non-party company, and the non-party company claimed the payment of the insurance money to the Plaintiff. The Plaintiff filed a claim with the non-party company, the insurance money of KRW 5,651,224 on June 24, 199, and the same year.

8. 31. Insurance money of KRW 4,689,461 under the Credit Guarantee Insurance Contract No. 1 was paid respectively.

3) The Plaintiff is entitled to the Seoul Central District Court’s indemnity against C as to the payment of insurance proceeds under the credit guarantee insurance contract under Article 1 (1) (hereinafter “first indemnity”).

(C) On September 1, 2010, upon receiving a payment order from the above court, the above court received a payment order stating that “C shall pay the Plaintiff KRW 4,689,461 and its delay damages,” and the above payment order became final and conclusive on September 25, 201 (Seoul Central District Court Decision 2010j. 10545). The Plaintiff filed a lawsuit against E and C for the payment of the indemnity amount for the payment of the insurance proceeds under the credit guarantee insurance contract of Article 2 (hereinafter “second indemnity amount”) with the Busan Central District Court, and received a decision to recommend performance from the above court on July 21, 201 that “E and C shall jointly and severally pay the Plaintiff KRW 5,651,224 and its delay damages.”

8.9. The decision on performance recommendation became final and conclusive.

(Resan District Court 201Gaso227644). (b)

C.

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