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(영문) 수원지방법원 2016.12.16 2015가합65311

사해행위취소

Text

1. Each gift contract in the separate sheet No. 1 entered into between the defendant and B shall not exceed KRW 126,988,540.

Reasons

1. The Plaintiff, which caused the Plaintiff’s claim, has global income tax on B over the year 201 as well as tax claims due to delinquency in the payment of value-added tax and earned income tax. Since March 2013, B, who was insolvent, donated money as shown in the attached Table 1 to the Defendant, pro rata from March 2013. This constitutes a fraudulent act detrimental to the general creditor, and thus, seeks revocation of each gift agreement within the scope of the Plaintiff’s claim against B and compensation for the amount equivalent to the Plaintiff’s claim amount. 2. On February, 200, the Plaintiff’s claim for confession is not clearly disputed by the Defendant (Articles 208(3)2 and 150(3) of the Civil Procedure Act).