logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.07.07 2015가단41362
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 4, 2014, the Plaintiff filed a lawsuit against Nonparty C on the claim amounting to the claim amount of 2013da22923 (Counterclaim) in this court, and decided on February 4, 2014, “the counterclaim Defendant shall pay to the counterclaim the amount of KRW 100 million and the interest rate of KRW 20% per annum from April 20, 2013 to the date of full payment.” On February 26, 2014, C concluded a contract with the policyholder of the insurance contract and the beneficiary stated in the separate sheet as of September 30, 2014 (hereinafter “instant legal act”), and C concluded a contract with Nonparty C to change the policyholder of the insurance contract and the beneficiary as the Defendant, who is one’s own wife after the date of the above judgment, and, inasmuch as C had a decreased claim for insurance money due to the instant legal act, C is presumed to constitute a fraudulent act as a beneficiary’s fraudulent act and thus, C should be presumed to be a beneficiary’s fraudulent act.

According to the results of each order for the provision of financial transaction information to Korea Life Insurance Co., Ltd., Hansung Life Insurance Co., Ltd., Hyundai Marine Insurance Co., Ltd., there is no insurance transaction details in the name of C, and there is no evidence to prove that the above insurance contract had been made in the name of C. Thus, the plaintiff's assertion for the cancellation of the legal act in this case is without merit, on the premise of

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow