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(영문) 청주지방법원 2017.12.15 2016가단108601

사해행위취소

Text

1. The defendant shall pay to the plaintiff KRW 43,00,000 as well as to the day of full payment from the day after the day when the judgment became final and conclusive to the day of full payment.

Reasons

1. Facts of recognition;

A. D’s acquisition of the D’s commercial housing (hereinafter “D”) completed the registration of ownership transfer on May 2, 2012 with respect to the housing and two-storys and stores (including the site and buildings; hereinafter “instant commercial housing”) located in the Cheongju-si, the Cheongju-si, the Seoul Metropolitan City, as indicated in the attached list, and the 145 square meters of the ground mentors and the relevant ground mentors and bricks; hereinafter “instant commercial housing”).

B. D’s multi-level multi-level marketing business 1) began to operate a “F” sales store from around 2012. The project commenced to expand the business by leasing and operating a multi-level marketing experience center to customers who want to operate and find the store, and by accepting a person who wants to establish a healthy food sales store as a partner, and paying a part of the revenue earned by the partnership from the head office to D as bonus at the head office in 2013.

D has received money from a bank for its own purpose.

3) Around 2014, D has increased the fixed expenses to be paid monthly in excess of KRW 10 million, and more than the bonus paid from the head office. Since around October 2014, D’s withdrawal from partnership increased and a similar type of health and food multi-level program was created as a emeric order, and D’s discontinuance of health and food sales store was no longer able to cope with the cost and discontinue its sales store on November 30, 2015. < Amended by Presidential Decree No. 25779, Nov. 30, 2015>

C. D’s debt and insolvency 1) around June 11, 2012, D took out a loan with the establishment of a collateral security of KRW 104,000,000 with respect to the instant commercial housing from the Ingyeong Saemaeul Community Credit Cooperative (hereinafter “CF”) and borrowed money. (2) D is limited to “CF Bank” on May 8, 2014.