사해행위취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From 2009, the Plaintiff and C began the business registration of the trade name “D” in the name of Dong and C, and began the sale of electronic equipment, such as digital camera, in E in Seoul Special Metropolitan Gwangjin-gu.
The plaintiff and C were divided from time to time according to the need for business profits.
B. The Plaintiff and C, along with the aforementioned digital camera, agreed to sell camping goods, and accordingly, the Plaintiff leased a warehouse located in Namyang-ju F while leaving E from January 2014, and began to sell and manage camping goods.
C. On March 20, 2014, the Plaintiff transferred KRW 50 million from the Plaintiff’s wife G account to C’s new bank business account, and KRW 20 million from the Plaintiff’s name to the said new bank account, respectively, on July 4, 2014.
On October 15, 2014, the Plaintiff acquired 6.7 million won of the lease deposit for 2 old units (51,52) among 4 old units of E store (No. 49,50,51,52, 44, 49, 500, 51, 52) leased under C’s name, and completed the registration of the trade name “H” in the name of G on the same day.
G around December 3, 2014, on the “Hub Web” website, a product image storage site, registered Nice Korea’s image, and on December 8, 2014, on the “Gmarket” website, a seller registered Rice Korea’s digital camera as a selling product.
E. C sent “the details of the settlement of accounts” prepared by I, an employee, on March 23, 2015, to the Plaintiff via e-mail. According to this, if the remainder of the settlement of inventory, etc. amounting to KRW 136,108,121 during that time, exceeds the amount of KRW 136,108,121, then the amount of KRW 68,054,060, respectively.
F. C remitted the sum of KRW 114,805,650 to the Defendant’s corporate bank account, which was wife from October 14, 2014 to October 2015, as shown in the separate sheet.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 6, 8, 13, 14, 15, 22 through 26, Eul evidence Nos. 1, 12-4, 15-1, 15-3 and all pleadings.