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(영문) 서울중앙지방법원 2015.08.20 2014가단5126745
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that B remitted a total of KRW 50 million to the Defendant’s account, which is the spouse, was remitted as KRW 15 million on August 4, 201, ② KRW 5 million on August 5, 201, ③ KRW 10 million on August 30, 201, ④ KRW 20 million on February 1, 201, and KRW 50 million on February 1, 201 is no dispute between the parties.

(1) The Plaintiff’s assertion B was anticipated to be liable for damages related to bad loans to the Promotion Savings Bank Co., Ltd., and was donated KRW 50 million to the Defendant with the transfer of money (1) through (4).

Since this gift contract is a fraudulent act, it should be revoked, and the defendant is obligated to pay 50 million won to the plaintiff with the restoration to its original state.

3. Comprehensively taking account of the purport of the entire pleadings in the statements in subparagraphs B through 4 above, the Defendant transferred KRW 18 million to B on Nov. 8, 2010, KRW 8 million on Feb. 7, 2011, KRW 35 million on Mar. 22, 2011, KRW 15 million on Aug. 4, 201, and transferred KRW 15 million to the Defendant as remittance, and KRW 5 million on Aug. 5, 2011, KRW 200,000 from C on Aug. 5, 201, KRW 200,000 to the Defendant as the remittance, and KRW 5 million on Aug. 29, 2011, KRW 200,000 to the Defendant as the remittance.

In light of the above facts, since it is difficult to acknowledge that the remittance of paragraphs (1) through (4) is a gift act to the defendant Eul, and there is no other evidence to acknowledge it, the plaintiff's assertion cannot be accepted without the need to determine the remainder.

4. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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