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(영문) 부산지방법원 2014.10.16 2014가단34993

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The cause of the claim is as shown in the annexed sheet;

2. Determination

A. Comprehensively taking account of the purport of evidence evidence No. 1, the Plaintiff filed a lawsuit against C with the Busan District Court 2013 Ghana 125131, Dec. 16, 2013, which stated that “C shall pay 5% per annum from October 30, 2012 to December 16, 2013; and 20% per annum from the following day to the date of full payment; and as of the closing date of argument, C’s appeal is pending in the appellate court as of the date of the conclusion of argument. The Plaintiff’s assertion that C/C received KRW 3 million from each of E/C to the Plaintiff; 3 million from May 9, 2014 to the date of full payment; 40% per annum 96% per annum; 30% per annum from the following day to December 16, 2013 to the date of full payment; and 40% per annum 96% per annum 96% per annum from the date of conclusion.

B. C’s insolvency (1) However, in order to become a fraudulent act, the act of the debtor’s disposal of the debtor’s property causes a decrease in the debtor’s whole property and the shortage of joint security of claims due to such act, i.e., the debtor’s small property should be more than active property (see, e.g., Supreme Court Decision 2004Da58963, Jan. 28, 2005). At the time of such act, the debtor has already been in excess of his/her active property, and the issue of the debtor’s insolvency should be determined at the time of the fraudulent act. (2) The transfer contract of this case, which the plaintiff asserted as a fraudulent act, was concluded in accordance with the legal doctrine