사해행위취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The Plaintiffs asserted that they leased KRW 50 million to E and D, the Defendant’s parents, at 3% per month, on February 24, 2009. On October 13, 2009, the amount of KRW 200 million was determined and lent as interest rate 4% per month (the 3% per month from March 2010), and on February 12, 2010, the amount of KRW 100 million was determined and lent as 3% per month.
The Plaintiffs paid 262,954,722 won (i.e., KRW 62,50,000,000 KRW 62,000,000 KRW 140,454,722) to the Plaintiffs E and D as of August 22, 2011 (i.e., the principal amount of loans KRW 311,545,278 (i.e., the loans of KRW 11,545,278, Feb. 24, 2009). Each loans of KRW 200,000,000 KRW 15,000,000 KRW 140,545,722) to the Plaintiffs E and D were repaid until August 22, 2011. < Amended by Act No. 9813, Oct. 13, 2010>
On March 20, 2012, E prepared and awarded to the plaintiffs a notarial deed of a monetary loan for consumption amounting to KRW 230 million.
However, E and D donated 300 million won or more to the defendant, who is the son, around October 14, 2009 in the state of insolvency.
The above gift contract constitutes a fraudulent act detrimental to the general creditors including the plaintiffs.
Therefore, the above donation contract should be revoked within the scope of KRW 230 million, which is the preserved claim of the plaintiffs, and the defendant is obligated to return the amount of KRW 230 million to the plaintiffs by restitution.
2. Determination
A. A claim that can be protected by the obligee’s right of revocation on the existence of a preserved claim must, in principle, have occurred before an act that can be viewed as a fraudulent act was committed.
This is because the act of reducing property cannot harm the creditors who have acquired the right thereafter.
The light of Article 500 of the Civil Code is a contract to extinguish the existing debt and to establish a new debt without identity. In the case of the conclusion of a new agreement with respect to the existing debt, whether such agreement constitutes a novation or not or the method of repayment of the existing debt is changed.