채권자대위
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the court concerning this case, such as the acceptance of the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except for the supplement or addition of the judgment as stated in the following 2. Thus, it is acceptable to accept this as it is in accordance with
2. Supplement and addition of judgments;
A. The plaintiff asserts as follows.
C transferred USD 19,320 in sum to the shower on August 23, 2013 and August 27, 2013, which was after the termination of a claim and debt relationship with the Defendant, to the Defendant, which was actually made under the pretext of debt repayment to the Defendant and E, a related company C and C.
Ultimately, the payment of USD 199,320 was made to a person who is not a party to the transaction in question, and it was made without going through an institution dealing with foreign exchange, and the payment method constitutes Article 16 subparagraphs 3 and 4 of the Foreign Exchange Transactions Act, and as prescribed by Presidential Decree, it was not reported in advance to the Minister of Strategy and Finance.
This is an act in violation of the law and thus null and void because it constitutes a juristic act contrary to the social order of Article 103 of the Civil Code. Since the illegal cause is only the defendant who is the beneficiary, C can seek payment of USD 199,320 due to the return of unjust enrichment against the defendant.
In order to achieve the specific purpose (see Article 1 of the above Act) through the management of foreign exchange transactions and other foreign transactions, the Foreign Exchange Control Act (amended by Act No. 5550 of Sep. 16, 1998) has a penal provision for violations in order to restrict or prohibit certain acts to serve in order to ensure the balance of payments and the stability of monetary values by managing foreign exchange transactions and other foreign transactions, and to ensure that the restriction and prohibition are certain, and this is excessive in order to promote the development of the national economy.