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(영문) 서울중앙지방법원 2016.10.14 2016나13078

사해행위취소

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed in entirety.

Reasons

1. Facts of recognition;

A. On December 11, 2013, the Plaintiff entered into a loan agreement with the co-defendant A (hereinafter “A”) of the first instance trial, as follows, and the co-defendant B of the first instance trial (hereinafter “B”) jointly and severally guaranteed the obligations of the Plaintiff.

debtor on July 10, 2003: B card exchange theory (D) 2.5 million won on the date of lending (Special Credit Number) the loan amount; debtor on July 9, 2003: debtor on July 2003: B card exchange theory (E) 3.3 million won: debtor on July 9, 2003:

B. As of April 29, 2015, the principal and interest of the Plaintiff’s loan to A are as follows:

(unit: 2. The credit card exchange theory (E) No. 2,167,714,097,913,80,794 23.7% of the card exchange theory (E) 2,167,714,097,913,801, 3,5428 in total, 3,191,725 1,803,938407,595,403,222

C. On the other hand, on March 19, 2015, A sold real estate listed in the separate sheet owned by it (hereinafter “instant real estate”) to the Defendant for KRW 60 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer to the Defendant on the same day ( March 19, 2015) (hereinafter “instant sales contract”).

(Receipt of the branch court of Jeonju District Court No. 4820) d.

On the same day (on March 19, 2015), the Defendant leased the instant real estate to A as “a deposit:3 million won,” “a rent of KRW 3 million per annum,” and “a contract period: from March 19, 2015 to December 12, 2015.”

Accordingly, according to A’s instruction as the purchase price, the Defendant remitted the amount of KRW 56 million to H (=60 million in the purchase price – the amount of KRW 3 million in the lease deposit - the amount of KRW 3 million in the lease deposit - the amount of KRW 3 million in the annual rent of KRW 3 million in the first half of the year (2 million in the first half of the rent).

E. On the same day ( March 19, 2015), H withdrawn in cash the remainder of KRW 54 million out of the total amount of KRW 56 million that was remitted as above and granted KRW 54 million to A.

A, after receiving the above money, paid 50,000 won to Law Firm Hong, ② 30,146,990 won to Dong Fire & Marine Insurance Co., Ltd., ③ 11,90,000 won to Hansung Life Insurance Co., Ltd., ④ 11,90,000 won to I respectively.

(F) total amount of 54 million won.