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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
The Plaintiff lent KRW 323,130,000 to Nonparty G 14 times from October 2013 to September 5, 2014.
Since then, when G was unable to repay the above loan, it was difficult to do so, on April 5, 2015, G prepared a letter of waiver (transfer and takeover) to the Plaintiff that the instant marina facilities and collection dates, lease deposit, goodwill and all other rights to the instant marina, which was actually operated by G himself, were transferred to the Plaintiff, and C, the business registration holder of the instant marina, also consented thereto.
Since then, G conspired with the Defendant in excess of debt, and entered into a contract for transfer and takeover of the instant marina, and on May 1, 2015, G completed the business registration of the instant marina in the name of the Defendant.
This should be revoked because it constitutes a fraudulent act detrimental to other general creditors such as the plaintiff.
Judgment
As to the Plaintiff’s claim for revocation of the instant fraudulent act, G argues that there was no fact that the instant marina business transfer contract was concluded between G and the Defendant on May 1, 2015.
Therefore, I first examine whether there exists a business transfer and takeover contract between G (or formally nominal C) subject to the revocation of the lawsuit seeking revocation of the fraudulent act in this case and the defendant.
Facts of recognition
The following facts may be acknowledged in full view of the evidence mentioned above, the evidence mentioned in Eul evidence 1 to 6 (including the number of branch offices), the partial testimony and the whole purport of the pleading in G:
H and G, around January 2014, in the process of the establishment of the instant marina, have to share the profits accruing from the establishment and operation of the instant marina with each other. H bears the costs of goods and operation of the instant marina, and G bears the costs of the instant marina.