사해행위취소
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
1. The court's explanation on this part of the judgment of the court of first instance is consistent with the reasoning of the judgment of the court of first instance, except for the following: (a) the part concerning the determination on whether the act of payment of the third money in this case constitutes a gift," which is stated in Chapters 7 through 12, 5 of the judgment of the court of first instance, shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. (4) Whether the act of paying the instant KRW 3 is a donation or not, (a) the creditor set up each of the instant collateral security rights (one hundred thousand won in total) by J, and on June 27, 2012, the fact that the transfer of KRW 75,000,000 from L’s account under the name of the spouse of the said J to the Nong Bank account under the name of the defendant was made as above. However, the evidence submitted by the plaintiff alone is insufficient to recognize that B donated KRW 75,00,00 to the defendant through the act of paying the instant KRW 3,00,000, and there is no other evidence to acknowledge otherwise. (b) Rather, considering that B’s statement of KRW 13 through 20,000 (including serial number) and the purport of the testimony of witness of the first instance court, the following circumstances were 50,000,000,000 from 20,000,000 won and 20,000.
2 On March 14, 2012, B borrowed KRW 100,000,00 from J as collateral each of the instant collateral security and used it as operating funds, etc. of X companies andY.
B Z on June 8, 2012, 50,000,000 won, and AA, a deceptive act of the said Z, under the name of the defendant, as the case may be, KRW 49,00,000 on June 14, 2012.