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(영문) 대전지방법원 2017.12.20 2016나111032
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 19, 2003, the Plaintiff drafted a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) with the content that “the date of approving the obligation is December 30, 2002; KRW 250,000,000; KRW 250,000; the kind of debt loan; maturity for payment; October 30, 2003; interest rate of 25% per annum; and C, if not performing the above obligation, immediately is subject to compulsory execution, that there is no objection.”

B. On February 7, 2005, the Plaintiff received a claim attachment and assignment order (hereinafter “instant claim attachment and assignment order”) as to the benefit claim against the New B&C Co., Ltd. (hereinafter “new development”) by the Daegu District Court 2005TTT No. 2052 with the title of execution of the instant authentic deed as the title of execution, and C and New B were served with the assignment order of the instant claim attachment and assignment order around that time.

C. New Before April 25, 2005 to December 3, 2008, New B/L paid to the Plaintiff KRW 42,000,000 per month in total, from April 25, 2005 to December 3, 2008.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to Gap evidence 4, purport of whole pleading

2. Summary of the cause of the claim;

A. The Plaintiff, as the primary claim, has a loan claim against C on the ground of the instant authentic deed (hereinafter “instant loan claim”). C, while over obligations, donated KRW 2,00,000,000 to the Defendant in the manner that the Defendant pays the purchase price to F in lieu of the Defendant’s account in the name of the Defendant actually used by him/her, and KRW 10,000,000 on September 13, 2012; and KRW 18,00,000,000 on September 18, 2012; and KRW 50,000,000,000 on October 12, 2012; and KRW 42,00,000 on October 25, 2012, respectively.

This constitutes a fraudulent act, and thus, the defendant should pay to the plaintiff 122,00,000 won with damages for delay calculated by the rate of 5% per annum under the Civil Act from the day following the day when this judgment becomes final and conclusive to the day when full payment is made.

(b).

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