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(영문) 광주지방법원목포지원 2017.08.09 2017가단3060

사해행위취소

Text

1. A quasi-loan agreement concluded on November 9, 2016 between the Defendant and B (C) shall not exceed KRW 36,455,597.

Reasons

1. The claim indication B entered into a quasi-loan agreement with the Defendant even though it exceeded the Plaintiff’s obligation such as bearing the credit card payment obligation of KRW 36,455,597 in total.

On November 21, 2016, the Defendant received an order for seizure and all of the claims as to the claim stated in the Attachment No. 16,921,660 won on the ground of the notarial deed of the quasi-loan for Consumption Agreement, designating Hyundai Motor Co., Ltd., Ltd., a third party obligor, working for Gwangju District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch

Therefore, the above quasi-loan contract between the defendant and B is a fraudulent act against the plaintiff, who is a general creditor of B, and thus, it should be revoked. The defendant is obligated to pay the plaintiff 16,921,660 won and damages for delay due to the cancellation of the above fraudulent act to restore the original state following the cancellation of the fraudulent act, and to notify the Hyundai Motor Co., Ltd. that he transferred the bonds in the attached Form

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts.