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(영문) 서울동부지방법원 2015.03.03 2013가단108359

사해행위취소

Text

1. The plaintiff's primary claim and conjunctive claim are dismissed, respectively.

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

Reasons

1. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion has a total of KRW 309,424,600 against C.

C donated the said money to the Defendant by receiving and concealing the money received from the creditors, such as the Plaintiff, from a third party, into the account under the name of the Defendant, one of his wife, in fear of compulsory execution.

This constitutes a fraudulent act detrimental to the Plaintiff, which constitutes a creditor, and thus, each gift contract entered in the separate list between C and the Defendant should be revoked, and the Defendant should pay the Plaintiff totaling KRW 86,70,000,00.

In addition, the defendant, in collusion with C, actively participated in the act of concealing property by lending his account to C, which constitutes an infringement of the plaintiff's claim by a third party, and thus, the defendant should pay 86,700,000 won as compensation for damages to the plaintiff.

B. On the one hand, the evidence presented by the Plaintiff alone was presented to the Defendant by way of hiding the money received from a third party by being deposited in the account in the name of the Defendant in the name of the third party as a fear that C would be subject to compulsory execution from creditors, including the Plaintiff.

The plaintiff's primary and conjunctive claims are without merit, since it is not sufficient to recognize that the defendant in collusion with C was actively involved in the act of concealing the property by lending his own name to C.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench.