beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Judgment as to the main claim
A. The plaintiff's assertion is the creditor against the non-party C, and the defendant is the spouse of C.
C has made a donation of cash over several occasions to the Defendant under excess of the obligation owed to the Plaintiff, such as the obligation owed to the Plaintiff. Since this is a fraudulent act against the Plaintiff, the Plaintiff has cancelled the donation contract with respect to KRW 88 million, which was made by C to the Defendant on January 8, 2014, within the limit of KRW 50,000,000, and sought compensation for the cancellation price.
B. 1) On January 8, 2014, C transferred KRW 88 million to the Defendant’s deposit account (Donggu No. 3358, Jan. 8, 2014) from the Defendant’s bank account (Donggu No. 3135, Jan. 8, 2014), there is no dispute between the parties. 2) As to this, the Defendant asserts that the Plaintiff was invested in the Plaintiff’s financial transaction amounting to KRW 88 million by fraudulent act in order to proceed with the 31st December 2013, C, and received the investment proceeds from the brightness Co., Ltd. after jointly proceeding with the brightness Co., Ltd., Ltd., and received the investment proceeds from the brightnessn Co., Ltd. to pay the investment proceeds to the said individual on behalf of C, which was difficult to have a passbook transaction as a credit problem at the time.
Comprehensively taking account of the overall purport of pleadings as a result of the submission of financial transaction information to the Daegu Agricultural Cooperatives by the court of first instance, Eul, Eul evidence Nos. 7 and 9 (including paper numbers; hereinafter the same shall apply), and the purport of the entire pleadings, the following facts: ① M, a joint representative director of Eul, entered into an investment contract with F to obtain an investment of KRW 20 million from G, KRW 25 million from G, KRW 25 million from H, and KRW 21 million from H in relation to the process of the Daegu Performance of Ltoccont, around September 2013 or around November 1, 2014; ② C receives KRW 89,252,102 in total from Bau on January 8, 2014; and ③ the Defendant remitted KRW 88,00 million to the Defendant on the same day; ③ the Defendant on January 9, 2014