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(영문) 수원지방법원성남지원 2017.09.22 2016가합207993

사해행위취소

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A is the mother of Plaintiff B (ma), E (ma), and Defendant C (ma). 2) F and G are the children of Plaintiff B.

3) Defendant C’s spouse is the Plaintiff C’s spouse. B. From the Plaintiff’s name and each account under the Plaintiff’s name B, etc. to the Defendant C’s name, the money transferred from the Plaintiff’s account under the Plaintiff’s name B to the Defendant C is also claimed to be the money leased to the Defendant C while Plaintiff B managing the Defendant’s account under the name of F. The money was transferred several times to the Defendant C’s name. The details are as follows: (a) Plaintiff B’s name on April 8, 2016; (b) KRW 3.5 million on May 21, 2015; (c) KRW 3.6 million on July 261, 2016; and (d) KRW 6.6 million on July 26, 2016; and (d) KRW 16.6 million on July 26, 2016; and (e) Plaintiff C’s KRW 9.65 million on July 26, 2016.

(hereinafter the same shall apply)

each entry and the purport of the whole pleading

2. Determination as to the plaintiff B's claim

A. The summary of the plaintiff B's assertion 1) The summary of the plaintiff B's assertion is that the money indicated in the above table to the defendant C (hereinafter referred to as "the money in this case").

(2) Defendant C borrowed the instant money from Plaintiff B constitutes a debt related to the daily household affairs. Accordingly, Defendant C is jointly and severally liable to pay the instant money and damages for delay to the Plaintiff as the borrower and Defendant C’s spouse (see Article 832 of the Civil Act). (2) The summary of the Defendants’ assertion is the fact that Defendant C transferred the instant money from Plaintiff B.

However, the above money is the money donated to Defendant C by Defendant C.

In other words, the plaintiff B manages the funds of E in lieu of the money of this case to the defendant C under the direction of E.

참조조문