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(영문) 서울중앙지방법원 2018.04.30 2017가합586937

사해행위취소

Text

1. The contract for cash donation of KRW 280,000,000 entered into on January 31, 2017 between the Defendant and C shall be revoked.

2. The defendant.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);

3. The obligation to pay compensation for the value arising from the revocation of a part of the fraudulent act occurs only when the judgment on the formation of the judgment on the revocation of a fraudulent act, which is the premise thereof, becomes final and conclusive. Therefore, in a lawsuit of fraudulent act, the claim for compensation for value constitutes a lawsuit for future performance and the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is not applicable (see the proviso of Article 3(1)).

Therefore, the part of the Plaintiff’s damages for delay in excess of the claim is dismissed as it is without merit.

(However, since the dismissal part is minor, it shall not be reflected in the cost of lawsuit).