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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments between the six pages 5 and 6 of the judgment of the court of first instance, and therefore, it is identical to the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
Even if the defendant, even if the debtor limited liability company C (hereinafter "C") entered into the monetary loan agreement of this case with the defendant, prepared a notarial deed thereon, and the title of execution is the act of seizure and whole taking over the claim for the construction price against the remaining city of C as the title of execution, the defendant asserts that the defendant is a bona fide beneficiary since it did not have the awareness that it would prejudice other creditors at the time, and therefore, contrary to its opinion, it is examined whether the defendant is a bona fide beneficiary in the event that the monetary loan contract of this case
Since the beneficiary's bad faith is presumed in a fraudulent act revocation lawsuit, the beneficiary is responsible for proving his good faith in order to be exempted from his responsibility.
The issue of the beneficiary's good faith should be determined in light of the logical and empirical rules, comprehensively taking into account various circumstances, such as the relationship between the debtor and the beneficiary, the details of and the background or motive for the act of disposal between the debtor and the beneficiary, whether there is any objective evidence to support the act of disposal, and the circumstances after the act of disposal, etc.
(See Supreme Court Decision 2007Da74621 Decided July 10, 2008, etc.). In light of the following circumstances, the Defendant and the instant case, which are acknowledged by the purport of entry of Doctrine, A’s evidence Nos. 2, and B’s evidence Nos. 1 through 11 (including Doctrine numbers) and video and the entire pleadings.