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(영문) 부산지방법원 2018.06.14 2017가단83

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

(1) As of June 30, 2015, the Plaintiff supplied D Co., Ltd. (hereinafter “D”) with oil, the amount of unpaid oil was equivalent to KRW 602,186,482 in total.

B. On August 26, 2015, the Plaintiff agreed to perform the obligation to pay the unpaid oil amount of KRW 602,186,482, not later than December 31, 2015 with E Co., Ltd., and C jointly and severally guaranteed the said performance agreement.

The unpaid oil payment in October 2016 is KRW 337,186,482 (hereinafter “instant oil payment claim”).

Secondly, on November 3, 2014, the Plaintiff was set up a collateral security (hereinafter referred to as each of the instant collateral security interests) with respect to the large passenger cars, etc. as indicated below (hereinafter referred to as “instant automobiles”) with a maximum amount of debt KRW 700 million against D in order to secure the said fuel payment obligation against the Plaintiff.

x. However, on September 2, 2016, C entered into a contract with the Defendant, who is his own child, to donate each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”), and on the same day, C completed the registration of transfer of ownership based on the instant gift, as shown in the separate sheet No. 2, with respect to each of the instant real estate, as to the Defendant. However, C did not have any particular property other than the instant real estate.

Serial No. 1 2 GX212, 2012, 1st priority 2 GX212, 2013, 2012 H H, 3 IBX212, 200,000 won for maximum debt amount of 3 IBX212, 2013, 2013, and 4 J UP bus, 125 million won for maximum debt amount of 125 million won, 200,000 won for 3rd priority 20,000 won for 3rd priority 200,000 won for Ksung, the maximum debt amount of 50,000 won for 50,000 won for 20,000 won for 1,000 won for 20,000 won for Hansung, the maximum debt amount of 50,000 won for 2nd 3rd 6, 2010