대여금 및 사해행위취소
1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant A shall pay to the Plaintiff KRW 71,59,793 and KRW 29,211,765 among them.
1. The grounds for the plaintiff's claim are as shown in the annexed sheet.
2. Comprehensively taking account of the evidence presented in the judgment, the defendant A bears the loan obligations, such as the attached Form No. 2, to the plaintiff.
Therefore, the plaintiff's loan claim against the defendant A is reasonable.
Meanwhile, on September 14, 2015, the Plaintiff filed an application for provisional injunction against disposal of the said real estate under the Incheon District Court 2016Kahap176 on June 1, 2016 to preserve the right to revoke fraudulent act between the Defendants on the real estate stated in the separate sheet, and filed a lawsuit for revocation of the instant fraudulent act on July 11, 2017, one year thereafter.
Thus, the lawsuit against the defendant B of this case is unlawful as it is obvious that the exclusion period of one year under Article 406 (2) of the Civil Code has lapsed.
3. Conclusion, the plaintiff's claim against the defendant A is justified, and the lawsuit against the defendant B is unlawful and thus, it is so decided as per Disposition.