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(영문) 서울고등법원 2015.01.22 2014나2006020

사해행위 취소 등의 소

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff's assertion by the plaintiff is that the defendant was ordered to seize the claim for the return of the lease deposit of this case with the Promissory Notes and the Notarial Deed delivered from B, and the issuance of the Promissory Notes of this case constitutes a fraudulent act by having the defendant obtain satisfaction of the defendant's claim prior to other general creditors. If it is impossible for the defendant to return the original claim as the defendant already collected the lease deposit from the lessor of this case from the lessor of this case, the defendant must pay the above amount of money and damages for delay to the plaintiff as compensation for the value.

The defendant's assertion B stated that continuing to conduct business by financing from the defendant is the best way to have the ability to repay debts to the creditors including the plaintiff, and issued the Promissory Notes in this case to transfer the right to refund the lease deposit of this case to the defendant or offer them as security. Ultimately, the issuance of the Promissory Notes in this case was inevitable to make profits by continuously running a business through financing business funds, and thus it does not constitute fraudulent act.

Judgment

In principle, the time of establishment of the preserved claim to exercise the right of revocation as to the existence of the preserved claim shall be established prior to the fraudulent act: Provided, That it is highly probable that at the time of the fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and that the claim should be established in the near future by such legal relations, and in the near future, where the probability thereof has been realized and the claim has been created.