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(영문) 대법원 2018.12.27 2017다251083
매매대금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

Since the beneficiary's bad faith is presumed in a fraudulent act revocation suit, the beneficiary is responsible for proving his good faith in order to be exempted from his responsibility.

In such a case, whether the beneficiary acted in good faith shall be determined reasonably in light of the logical and empirical rules, comprehensively taking into account the relationship between the debtor and the beneficiary, the details of, or motive for, the act of disposal between the debtor and the beneficiary, the circumstances leading to the act of disposal, the existence of objective data supporting the act of disposal, and the circumstances after the act of disposal, etc., in light of the following:

(2) In light of the aforementioned legal principles, the Defendants did not know that each of the instant sales contracts was a fraudulent act against the Plaintiff, a creditor, and the Defendants, a beneficiary. However, in full view of the circumstances as indicated in its holding, the lower court determined that the presumption of bad faith against the Defendants was reversed, on the ground that each of the instant sales contracts was not known that the Defendants did not harm the general creditors of A, and thus, the Defendants were reversed.

In light of the aforementioned legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the beneficiary’s good faith and burden of proof

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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