채무자의 일부 채권자에 대한 금원지급행위가 사해행위 대상이 되기 위한 요건[국패]
Seoul High Court 201Na86371 (Seoul High Court 2012.05.03)
The requirement that the act of paying money to some creditors of the debtor constitutes a fraudulent act
The creditor's assertion that the act of paying the money to the beneficiary of the debtor is a gift to be recognized as a fraudulent act must be proved that the act of paying the money constitutes a gift, or that there are special circumstances such as the creditor's intent to prejudice the creditor, and that the burden of proof is on the part of the claimant's assertion of the fraudulent act.
2012Da200417 Revocation of Fraudulent Act
Korea
KimAAAA et al.
Seoul High Court Decision 2011Na86371 Decided May 3, 2012
May 9, 2013
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
Unless there are special circumstances, if a debtor donates his own property to another person under excess of his obligation, the act constitutes a fraudulent act. However, the debtor's joint security of other creditors is reduced due to the debtor's repayment of debts to a specific creditor under excess of his obligation, and its repayment does not constitute a fraudulent act in principle unless the debtor in collusion with some creditors and with intent to prejudice other creditors. However, the creditor who seeks cancellation of his fraudulent act claims that the debtor's payment of debts to the beneficiary is a donation of the existing debtor's obligation, and the beneficiary claims that the payment of debts is made to the beneficiary, and the above payment constitutes a denial of the creditor's assertion, and thus, in order to be recognized as a fraudulent act, the court below's determination that the fraudulent act constitutes a donation, and it does not constitute an unlawful act of 00,000,000,000,000,000,000,000,000,0000,000,000,000,000.