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(영문) 대구지방법원 2016.07.22 2015가단21803

사해행위취소

Text

1. The contract of gift concluded on July 25, 201 between the Defendant and the deceased C, and the contract of gift concluded on July 29, 201, respectively.

Reasons

1. The assertion;

A. The Plaintiff’s assertion ① The Plaintiff is the owner of DM 27 tons a car with DM 27 tons, and on July 22, 201, the Plaintiff requested Nonparty C (hereinafter “the Deceased”) to repair fuel cell of the above vehicle. On the part of the deceased, the Deceased caused an accident that explosion of fuel in the repair of the above vehicle.

(hereinafter referred to as the “instant accident”) The Plaintiff suffered damages from the damage inflicted on the front part of the said vehicle due to the instant accident.

② On September 2, 2011, the Plaintiff filed a lawsuit with the Daegu District Court seeking compensation of KRW 227,63,500 against the Deceased (the instant case, 201Gahap 11690, etc.). On January 30, 2013, the Plaintiff received a decision to recommend settlement that the deceased would pay the said money within the limit of inherited property to the deceased’s inheritors by inheritance shares, and the said decision to recommend settlement became final and conclusive.

③ In addition, the Plaintiff received dividends of KRW 59,719,710 through the procedures for compulsory auction on the deceased’s inherited property, or did not recover the claim of KRW 167,913,790 among the above claims at present.

④ On July 25, 2011, the Deceased donated 30 million won in total to the Defendant on five occasions each time on five occasions, and donated 6,241,435 won on July 29, 201, and donated 15,140,00 won around the end of July 201.

⑤ However, at the time when the deceased donated the above money to the Defendant, the Plaintiff’s damage claim against the deceased had already been established, and the deceased was in an insolvent condition, and the Defendant’s donation of money constitutes a fraudulent act that causes the shortage of common security against the general creditor.

(6) Therefore, the contract for the donation between the deceased and the defendant is revoked, and the defendant shall restore to its original state the amount of 43,958,085 won (the amount calculated by subtracting the amount of 7,423,350 won, including medical expenses, from the above-mentioned donation amount of 51,381,435 won) and 5% per annum from the date following the date this decision becomes final and conclusive to the date of full payment.