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(영문) 서울북부지방법원 2018.07.24 2017가단114983
사해행위취소
Text

1. The conjunctive claim in the instant lawsuit shall be dismissed.

2. The plaintiff's primary claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. E is the representative director of C Co., Ltd. (hereinafter “C”), and F is the wife of E, and D is the appearance of F.

B. C transferred KRW 200,000,000 to D around May 15, 2012.

C. D around May 21, 2012, deposited KRW 186,000,000 out of the said money, and remitted KRW 186,00,000 to the Defendant’s name account.

On the other hand, E, together with F on May 15, 2012, escaped from the creditor's debt demand to a foreign country, and C was suspended from the current account transaction on May 17, 2012.

E. Around that time, C bears the Plaintiff’s obligation to pay a total of KRW 191,620,000 as indicated in the following table.

The check number 1 G 1 G 108,020,000 issue date of G 1 G 108,020,000 March 15, 2012 H 27,50,000 on July 5, 2012, 200: (a) I 56,10,000,00 on July 35, 2012; and (b) aggregate 191,620,00,000 on May 4, 2012;

F. On January 30, 2015, the Plaintiff filed a lawsuit for the revocation of fraudulent act against D, etc. as Seoul Northern District Court 2015Kahap20715, and was sentenced to a ruling of dismissal of D around May 25, 2016, the Plaintiff filed an appeal as Seoul Northern District Court 2016Na2040505 and revoked the donation contract concluded on May 15, 2012 from the above court around February 16, 2017. D is paid to the Plaintiff at the rate of 5% per annum from the date following the date of the final judgment to the date of full payment.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 8, Eul evidence Nos. 7 and 18 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to whether to amend the purport of the claim

A. The defendant's assertion that the plaintiff's initial claim for revocation of the fraudulent act is changed to the preliminary claim, and the return of unjust enrichment and addition of the claim for damages caused by the illegal act to the primary claim shall not be deemed to significantly delay the proceedings.

B. Article 262(1) of the Civil Procedure Act provides that the Plaintiff shall hold oral proceedings to the extent that the basis of the claim is not altered.

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