beta
(영문) 서울중앙지방법원 2017.07.25 2016가단5232620

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On December 1, 2012, the Plaintiff loaned KRW 200,000,00 to C as of March 30, 2013 and the interest rate of KRW 5% (25% per annum per annum).

B. C on June 20, 2016, transferred 50,000 shares in the separate sheet owned by it to the Defendant.

C. At the time of the transfer of the instant shares, C was in excess of its obligation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The transfer of the instant shares to the Defendant in excess of debt constitutes a fraudulent act detrimental to creditors, including the Plaintiff, and should be revoked.

B. First of all, the Plaintiff’s above loan claim against C was already established at the time of the transfer of the instant shares, and thus, the Plaintiff is entitled to exercise the obligee’s right of revocation.

Next, there is no dispute between the parties that the instant share transfer contract concluded on June 20, 2016 between the Defendant and C as to whether the instant share transfer should be revoked as a fraudulent act, and there is no reason to view the Plaintiff’s claim of this case without further review.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.