사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
After borrowing KRW 70 million from the plaintiff, the summary of the plaintiff's assertion of the parties made a business registration under the name of the defendant in collusion with the defendant (hereinafter "existing D") in order to evade the creditor's debt to the plaintiff, and the business owner of D (hereinafter "existing D") operated by C in collusion with the defendant was changed to the defendant, and made a business registration under the name of the defendant in the same building owned by E, the head of C (hereinafter "second D"), and made a report on the closure of the existing D.
Upon receiving C’s instructions, the Defendant continued to engage in continuous transactions with the pre-existing customer, and upon the filing of the instant lawsuit, filed a report on the closure of the second business as to D.
Since then C is operating after registering the business in the name of F, a mother, with the same trade name.
As such, the defendant actively participated in concealing the sales claim, which is the responsible property, and this constitutes an infringement of the claim against the plaintiff, and thus, the defendant is obligated to pay damages for delay from November 24, 2016, when filing an application for business registration under the name of the defendant.
The defendant's summary of the defendant's assertion is that the defendant did not transfer the existing business name of D from C, and operated the second D because C does not raise any objection to the business's mutual name.
Defendant held a retirement allowance claim, etc. against C, but it would be possible for C to rent a store at a low price instead of fulfilling his/her obligation to C.
The relationship between E and C was known to be the only way to enter into a lease agreement with E.
Facts of recognition
C agreed to pay interest by 3% per month on February 24, 2016, and borrowed KRW 70 million from the Plaintiff.
C On June 13, 2007, the location of the Daejeon Seo-gu G was the location, D was the trade name, C was registered as the representative, and C was reported on March 1, 2017.
On November 25, 2016, the defendant No. 1 and No. 101 of Daejeon Seo-gu, Daejeon.