사해행위에 해당하는지 여부[국승]
Incheon District Court 2014Gadan22430
Whether it constitutes a fraudulent act
It is difficult to regard the money remitted by the debtor to the defendant as the repayment of the existing loan or indemnity, and it is reasonable to regard it as the performance under the donation contract.
§ 406. Revocation of Civil Code
2015Na51036 Revocation of Fraudulent Act
Korea
KimA
Incheon District Court 2014Gadan224430 ( January 14, 2015)
November 25, 2015
December 16, 2015
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
The Defendant’s contract of donation of KRW 66,00,000,000 entered into with Ha on December 28, 2012 is revoked. The Defendant shall pay to the Plaintiff 66,00,000 and 5% interest per annum from the day following the day this judgment became final and conclusive to the day of full payment.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The court's explanation on the instant case is about No. 15 to 20 of the judgment of the court of first instance.
According to the purport of this court’s order to submit financial transaction information to AA agricultural cooperatives and the whole pleadings, it is difficult to conclude that the Defendant paid KRW 66,00,000,000 to the Defendant for a total amount of KRW 107,000 as of August 8, 2002, and KRW 20,000 as of July 1, 2003, and that the Defendant paid KRW 86,492,021 as of May 2007 to April 201, it is difficult to deem that the Defendant paid KRW 66,00,00,00 to the Defendant for a loan with KRW 10 as of August 6, 200, solely on the ground that it was difficult to deem that the Defendant paid KRW 66,00,00 to the Defendant under the name of the Defendant’s loan and KRW 20,000,000 as of the above loan and KRW 20,00,00 as of the loan.
2. Conclusion
Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.