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(영문) 부산지방법원서부지원 2020.10.15 2020가단1224

사해행위취소

Text

1. The gift agreement on KRW 18,000,000 entered into on February 1, 2019 between C and the deceased E shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures, prints, processes, and sells plastic films, and the network E operated plastic products and industrial materials wholesale and retail business in the name of “G” from “G” at the time of leisure.

The network E was supplied with plastic film products from the Plaintiff on February 1, 2019, and the goods payment obligation owed to the Plaintiff on or around February 1, 2019 was equivalent to KRW 86,827,472, and the final goods payment obligation was partially recovered thereafter, and the final goods payment obligation was KRW 81,63,552.

B. On February 1, 2019, at around 02:56, the network E transferred KRW 18 million in the business chain G account to the account in the name of C, the wife.

(B) In the following cases, “the instant money,” “the remittance act,” “the instant remittance act,” and “C account in the name of C”). The network E was unable to avoid a bundance on one’s own vehicle at around 03:04 on the same day immediately after the instant remittance act was committed, and died of a bundled carbon poisoning addiction on the same day.

Meanwhile, immediately before receiving the instant money, at least KRW 3.80,000 remains in the account in the name of C. However, C received the instant money and at around February 14:10 on February 2, 2019, KRW 10,000,000,000,000,000,000

2.4. 18:55 At 18:55, 500,000 won to I

2.4. &

2. 5. 5. A total of KRW 2,130,000 has been remitted to Dong Jae-in three times, and the remainder has been used for the settlement of card payments.

C. At the time of the instant remittance, the network E was liable for a financial institution including a credit guarantee foundation, and K with a debt of 200 million won or more to the financial institution and the Plaintiff, as seen earlier, and did not have any particular property other than a passenger car volume and a small deposit claim against an enterprise bank, etc.

The heir of the network E has C, a spouse, L(M), a child, and N(O).

C filed a petition for bankruptcy and immunity with the Gwangju District Court No. 2019Hadan1064, 2019, 1064. On October 16, 2019, the above court declared bankruptcy against C and filed a petition for immunity with the bankrupt debtor C.