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(영문) 서울중앙지방법원 2016.02.16 2015가단30938
사해행위취소등
Text

1. An agreement between the Defendant and B on the assignment of claims entered in the separate sheet between the Defendant on October 20, 2014.

Reasons

1. Basic facts

A. On August 25, 2011, the Plaintiff’s credit (1) B, along with the East Sea Construction Co., Ltd., issued a promissory note notarial deed with the Plaintiff on October 30, 201, stating the date of payment as the date of payment, and the Plaintiff’s face value of KRW 67 million with the payee.

(2) On November 14, 2013, B agreed to pay to the Plaintiff the interest of KRW 600,000 per month from December 1, 2013 to December 22, 2013, and KRW 40,000,00 to KRW 100,000,000.

(3) On January 23, 2014, B agreed to pay to the Plaintiff KRW 43,00,000,000, out of the Plaintiff’s debt amounting to KRW 143,000,000, not later than February 20, 2014; and KRW 100,000,000, not later than April 30, 2014.

(3) On February 25, 2014, B agreed to repay the Plaintiff’s obligation of KRW 100 million up to April 30, 2014.

B. On October 20, 2014, B entered into an agreement with the Defendant, the wife, on the assignment of claims listed in the separate sheet (hereinafter “instant agreement”). Accordingly, C issued to the Defendant a promissory note stating the Defendant as the addressee on November 30, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 11, 12, and 15, the purport of the whole pleadings

2. The Plaintiff’s assertion was made several occasions with the Defendant, and the Plaintiff had a claim of KRW 100 million against the Defendant at the time of the instant agreement with the Defendant, but the conclusion of the instant agreement with the Defendant is a fraudulent act detrimental to the Plaintiff, and thus, the Defendant must restore the Plaintiff to its original state.

3. Determination

A. (1) According to the above facts, upon entering into the agreement in this case, the Plaintiff had a claim of KRW 100 million against B, and the above claim is a preserved claim against the obligee’s right of revocation.

(2) The Defendant’s assertion (A) asserts that on February 17, 2014, the Plaintiff agreed to exempt the Plaintiff from the remainder of KRW 100 million if the Plaintiff repaid KRW 50 million to the Plaintiff.

section 13.

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