사해행위취소 등
1. Defendant B shall pay 78,00,000 won to the Plaintiff and 20% per annum from September 7, 2013 to the day of full payment.
1. Determination on the part concerning the loan claim against Defendant B
A. The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement in subparagraph 1-1 through 3 above.
(1) On July 19, 201, the Plaintiff transferred the total of KRW 42,00,000,000 to the account under Defendant B’s name (UBD) and KRW 5,00,000 on November 28, 201 of the same year, and KRW 4,00,000 on May 5, 19 of the same year, and KRW 3,000,000 on December 26, 201.
(2) On August 18, 201, the Plaintiff’s account under one’s own name (National Bank E), KRW 0,000,000, and the same year
9. 15.10,000,000 won, 16,000,000 won on October 18, 198 of the same year, and 40,000,000 won on October 28 of the same year.
(3) On October 12, 201, the Plaintiff transferred KRW 11,000,000,000, totaling of KRW 6,000,000 to the account in the F’s name and KRW 14,00,000,000 on October 14 of the same year.
B. In addition, the following circumstances are revealed in full view of the evidence Nos. 3-1, 2, 4, 5, 9, 11, 8-1 through 9, 10-1 through 9, and 10-9, and the purport of the entire pleadings in witness G’s testimony.
(1) Around June 2011, Defendant B asserts that, while engaging in a business related to his illegal mobile phone, the Plaintiff invested business funds by remitting KRW 42,00,000 to his own account, and that the money transferred to the remaining account in the Plaintiff’s name and the F’s account was directly invested by the Plaintiff, irrespective of Defendant B.
However, the witness H’s testimony alone carried on the above business with Defendant B.
It is insufficient to recognize that the above business was directly carried on, and there is no other evidence to acknowledge it.
(2) On August 4, 201, the above national bank account in the name of the Plaintiff that the Plaintiff remitted money was opened on August 4, 201, and Defendant B deposited KRW 10,500,000 on the same day, but remitted KRW 3,90,000 to the account in the name of F.
Even after that, Defendant B traded the money to the above account several times, and transferred money to the account in the name of F several times, and Defendant B used it.