beta
(영문) 인천지방법원부천지원 2016.09.29 2016가단104397

물품대금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The plaintiff has a claim for judgment against B and C, which is the parent of the defendant, and the defendant operates a mutual satisfaction of "D" with the amount equivalent to KRW 71,891,320,00,000 lent by the above B and C. Since B and C are in a state of insolvency and they do not exercise the above loan claims against the defendant, the plaintiff, who is the creditor of B, is the creditor of C, acting in subrogation of the defendant.

B. Preliminary Claim B and C have donated an amount equivalent to KRW 71,891,320 to the Defendant, who is the Plaintiff, in excess of the active property. This shall be revoked as a fraudulent act, and the Defendant is obliged to pay the Plaintiff the said amount of KRW 71,891,320 as restitution for the fraudulent act and the damages for delay.

2. The Plaintiff’s primary and conjunctive claims in this case are premised on the premise that B and C paid KRW 71,891,320 to the Defendant as a loan or donation.

However, the evidence presented by the Plaintiff and the NongHyup Bank and the NongHyup Bank are insufficient to acknowledge the fact that the Defendant received KRW 71,891,320 from B and C solely based on the result of the order to submit financial transaction information with respect to a company bank. There is no other evidence to acknowledge it. The Plaintiff’s primary and conjunctive claims in this case are not recognized as the existence of subrogation claims or the existence of fraudulent act, and therefore,

3. According to the conclusion, the plaintiff's primary and conjunctive claims of this case are all dismissed as it is without merit. It is so decided as per Disposition.