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(영문) 의정부지방법원 2018.10.02 2017가단132083

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) Nonparty B obtained the Plaintiff’s credit guarantee and borrowed KRW 110,000,000 as a company’s ordinary working capital at the loyalty point of New Bank Co., Ltd. on July 11, 2014.

Things, however, on October 13, 2016, B delayed repayment of the principal to the said bank, and the Plaintiff repaid KRW 79,868,135 to the said bank on October 27, 2016.

Article 79,901,115 won including penalty 32,980 won in Seoul Western District Court on November 18, 2016, and Article 79,868,135 won among them became final and conclusive on November 18, 2016.

B. (1) B entered into a franchise agreement with the Korea U.S. S.A. saw Co., Ltd. (hereinafter referred to as “Korea U.S. Company”) and operated the Category C B101 at its Government.

The store of the above D stores is 120,000,000, monthly rent of 3,200,000.

B. On June 27, 2016, Nonparty 2 notified Nonparty 2 of the termination notice of the franchise agreement (third) on the ground that the sales amount of KRW 18,431,810 accrued until June 27, 2016 was not remitted to B.

On August 20, 2016, the third party company requested the transfer of D points to the third party company.

On October 7, 2016, the defendant entered into a franchise agreement on the D points with the non-party company by setting the sub-lease deposit amount of KRW 32,00,000.

The above sub-lease deposit 32,00,000 won is that the defendant succeeded to B's sub-lease deposit.

C. On March 10, 2017, the Defendant and B filed an application for confirmation of intention of divorce by agreement with this court, and reported the divorce by agreement on March 21, 2017.

B's obligations before and after October 7, 2016 are about KRW 259,395,115.

【Evidence A’s Evidence Nos. 1 through 4, Eul’s Evidence Nos. 1 through 12, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserts that the transfer of D's 32,00,000 won and the goods equivalent to 15,000,000 won within the store to the defendant, who is the wife under the status of excess of B, constitutes a fraudulent act, as it goes beyond the reasonable level, as a division of property.