사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The court's explanation about this case is ① the ground for the first instance judgment's explanation.
In addition, “C paid KRW 70 million to the Plaintiff on May 31, 2018,” and “C paid KRW 70 million to the Plaintiff on May 31, 2018.”
2. Additional determination as to the defendant's grounds for appeal
A. The defendant asserts that the expression of intent to pay money of KRW 140,000,000 as stated in each of the instant notes is invalid as a bad declaration of intention.
In principle, the declaration of intention, not the truth under Article 107 of the Civil Code, is valid, and there is no effect only when the other party knew or could have known that the other party was not the intention of the reporter. Even if the defendant prepared the letter of this case without the truth at the time of the letter of this case.
There is no evidence to prove that the plaintiff, who is the other party, knew or could have known that he was not the defendant's truth.
Therefore, the defendant's above assertion is without merit.
B. The defendant asserts that the defendant's declaration of intention is revoked as a declaration of intention by coercion under Article 110 of the Civil Code, since the plaintiff made a written statement of this case by coercion to the purport that "I would know about the facts of the school system with the plaintiff without preparing the written statement of this case."
In addition to the fact-finding results on the Yangyang Police Station in Seoul Gangseo-gu, Seoul, and the purport of the entire pleadings, the fact that the Plaintiff, at around 15:12 of the date of the formation of each of the instant reports, sent to the party room operated by the Plaintiff, which was prepared in the instant report by a female on his/her identity, was a matter of money for the human teaching system, and the fact that the Plaintiff returned to 3:00 after guiding the procedure for filing the complaint.
However, immediately after the defendant was discovered to the plaintiff that he was married with the plaintiff C while he was in school with the plaintiff.