사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From May 29, 2014 to July 14, 2014, the Plaintiff paid KRW 168,000,000 to D, which is called as the relative of the full number of the public officials of the Republic of Korea, to ensure that the Plaintiff is registered with the cooperation company of the Korea Communications Corporation, and thereafter, D repaid to the Plaintiff KRW 60,000 out of the above amount.
B. D was indicted as a criminal act by the Seogu District Court Branch 2014Kadan1636 with respect to the above criminal act and was sentenced to two years of imprisonment on December 11, 2014, and the appeal was dismissed on April 2, 2015, and the said judgment became final and conclusive.
C. D paid KRW 60 million to Defendant B and KRW 40 million to Defendant C, respectively, as part of the above money acquired by deception from the Plaintiff.
[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1 to 12, Evidence No. 3-1 to 4, Evidence No. 4, Evidence No. 5-1 and 2, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The plaintiff's assertion asserts that although D did not have any property other than the above money received from the plaintiff under the status that D bears the above tort liability against the plaintiff, the act of donation to the defendants to the defendants constitutes a fraudulent act in relation to the plaintiff, and thus, it is revoked and sought the return of each of the above money due to its restitution.
B. Determination 1) According to Gap evidence Nos. 2-1, Eul evidence Nos. 1-6, Eul evidence Nos. 1-2-2, Eul evidence Nos. 2-2, and Eul evidence Nos. 3, it can be acknowledged that Eul remitted each of the above money to the defendants in order to repay its obligations to the defendants, and D does not seem to have donated each of the above money to the defendants as alleged by the plaintiff. 2) And even in a case where the debtor's repayment to a specific creditor under the excess of his obligations results in a decrease in the joint security of other creditors by repaying the debtor.