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(영문) 수원지방법원 2016.08.09 2015가합67492

사해행위취소

Text

1. Defendant B’s KRW 231,178,00 for the Plaintiff and KRW 5% per annum from June 14, 2016 to August 9, 2016.

Reasons

According to the overall purport of Gap evidence Nos. 1, 5, 6, and 7 (including various numbers) as to the cause of the claim for the return of the deposit amount to defendant B, the plaintiff organized and operated the successful bid amount with the members of the fraternity including the defendant B from February 2, 2009 to June 2014. ② The defendant Eul subscribed to a total of 96 units in the successful bid amount operated by the plaintiff, ③ the plaintiff and the defendant Eul confirmed the deposit amount to be paid to the defendant Eul as of the last day of each month, and the deposit amount or the deposit amount to be paid to the plaintiff by the defendant Eul in the way of offsetting the remaining claims to the plaintiff. ④ The defendant Eul failed to pay the deposit amount to the plaintiff from September 2012 to June 2014, and the fact that the plaintiff has to pay the deposit amount to the plaintiff within the period of set-off 300 to June 30, 205 is recognized.

The Plaintiff shall be paid 0.4 won for 19,280,200 won on September 21, 2012, 201. 10. 19,280 won on November 19, 2012, 324,300 won on December 19, 2012; 40.36.14, 00 won on February 14, 2013; 16.36.4,00 won on March 25, 201, 200 on the aggregate of 0.14,30 won on May 10, 2013; 16.4, 203, 16.4, 00 won on the basis of 0.14,30,636,00 won on March 25, 2013; 201.

On the other hand, the obligation to return the deposit of Defendant B is the obligation for which the due date is not specified, and the obligor is not the due date.