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(영문) 대구지방법원 2018.08.23 2018가단3547

사해행위취소로인한원상회복

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1. The Defendant: (a) KRW 42,450,00 for Plaintiff A; (b) KRW 25,00,000 for Plaintiff B; and (c) KRW 19,50,000 for Plaintiff C and each of the said money.

Reasons

1. Facts of recognition;

A. The Defendant’s wife borrowed KRW 42,450,00 in total from Plaintiff A, KRW 25,00,000 in total from Plaintiff B, and KRW 16,00,000 in total from Plaintiff C, respectively, over several occasions. In this regard, on February 20, 2016, the Defendant’s wife issued a written confirmation that he borrowed each of the above money to the Plaintiffs (hereinafter “instant confirmation”).

B. On July 27, 2015, the F entered into a lease contract with G, a lessor, for the lease deposit of KRW 130,000,00 (hereinafter “instant lease contract”). On December 16, 2015, the Defendant and G decided to change the lessee of the instant lease contract from F to the Defendant who is the husband, under the same conditions as the instant lease contract, with respect to the instant apartment, KRW 130,000,000, and the lease contract was newly entered into on August 25, 2017 with the term of lease up to August 14, 2017, and agreed to extend the lease deposit by up to August 25, 2019 and increase the lease deposit to KRW 140,000,000.

C. The plaintiffs against F and the defendant F in the Daegu District Court.

Around December 16, 2015, the Defendant filed a lawsuit seeking revocation of the lease deposit amounting to KRW 130,950,000 on the ground that the agreement between the Defendant and G on the transfer of the lease deposit claim amounting to KRW 130,000 to the Defendant by changing the lessee of the instant lease into the Defendant (hereinafter “the instant contract on the transfer, etc. of the assignment of claims”) was a fraudulent act.

With respect to F claims against the Plaintiff, the Daegu District Court Decision 2016Kadan106626 Decided November 9, 2016 ruled 42,450,000 won for the Plaintiff, 25,000,000 won for the Plaintiff B, and 19,50,000 won for the Plaintiff C and each of the above amounts.