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(영문) 인천지방법원 2019.02.14 2018가단225134
사해행위취소
Text

1. A donation contract concluded on August 9, 2016 with the Defendant and C (D) with respect to one-half share of forest E 2,090 square meters in Kimpo-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the trading of used cars with the trade name of “F”, and C is a person working as an employee of the Plaintiff.

The defendant is C's spouse.

B. On December 3, 2008, the Plaintiff was prepared and delivered a loan certificate (Evidence 1) stating that “The Plaintiff lent KRW 7 million to C, and KRW 2 million on September 10, 2009, and on November 2, 2009, the Plaintiff paid the interest calculated at the rate of KRW 2% per month from C until May 31, 2010.”

On January 16, 2012, the Plaintiff additionally lent KRW 11.2 million to C.

C. On August 9, 2016, C entered into a donation agreement (hereinafter “instant donation agreement”) with the Defendant as to the real estate share as stated in paragraph (1) of its own order (hereinafter “instant real estate share”) and completed the registration of ownership transfer as to the said share on the same day.

The Plaintiff filed a lawsuit against C on November 8, 2016 against the Incheon District Court Decision 2016Da236215, which claimed the repayment of the loan amounting to KRW 29.6 million and the delayed payment damages therefor. The following adjustment was concluded between the Plaintiff and C on November 8, 2016.

1. C shall be paid KRW 23 million to the Plaintiff in installments, and it shall be paid in installments until January 31, 2017; KRW 1 million until April 30, 2017; KRW 3 million until April 30, 2017; KRW 3 million until July 31, 2017; and KRW 13 million until October 31, 2017; and KRW 13 million until December 31, 2017; and the remaining 13 million shall be paid until December 31, 2017; if any once, the balance shall be paid in a lump sum, and damages for delay shall be paid in addition to a rate of 15 percent per annum from the day after delay until the day after complete payment.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

E. However, C did not perform its obligation under the above conciliation until now.

F. The instant real estate share is the sole property owned by C at the time of the instant donation agreement.

[Ground of recognition] dispute.

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