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(영문) 서울중앙지방법원 2014.11.26 2012가합77742

사해행위취소 등

Text

Defendant B’s KRW 89,317,966 as well as the annual rate from November 14, 2012 to November 26, 2014, and the following.

Reasons

The facts of recognition of the judgment on the revocation of fraudulent act and the claim for restitution with respect to the claim against Defendant B are as follows: (a) on February 11, 2010, Defendant B and his spouse C and the main business operator were registered as joint multi-stage salesmen with Defendant Nuria Korea, and was receiving support allowances from Defendant Nuria Korea by November 11, 201 through the foreign exchange bank account opened in the name of Defendant Nuria Korea, while working as a multi-stage salesman, and was paid by Defendant Nuria Korea by November 11, 2011; (b) on November 16, 2011, the name of the main business operator of the joint multi-stage salesman was changed from C to himself; and (c) on November 18, 2011, the fact that Defendant B received support allowances through the new bank account established in its name through a new bank account established in its own name is not disputed between the parties or recognized by the statement in

The summary of the Plaintiff’s assertion as to the Plaintiff’s assertion is that the Plaintiff has a loan claim against C, and the change of the Plaintiff’s name to Defendant B of the above joint multi-level marketing salesperson’s spouse is a transfer of the right of business, which is a juristic act aimed at property rights and thereby causes shortage in joint security. Therefore, this constitutes a fraudulent act, and thus, the transfer of the right of business should be revoked as a fraudulent act.

In full view of the overall purport of the arguments in the legal relationship between Defendant B, C, and Defendant Nuria Korea, Defendant B and C, as a joint multi-stage salesman of the Defendant mother and non-Korean government, after being registered as the joint multi-stage salesman of the Defendant mother and non-Korean government, are independent business entities independent from the Defendant mother and non-Korean government, such as purchasing the products of the Defendant mother and non-Korean government, resale them, and recommending other persons as multi-stage salesman of the Defendant mother and non-Korean government, and as a result, shared the role of each business entity who received support allowances according to the compensation franchise of the Defendant mother and non-Korean government.