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(영문) 서울동부지방법원 2020.10.16 2019가단153283
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff asserted that C had a claim for reimbursement amounting to KRW 725,553,914 for principal, and that C had a fraudulent act to donate the money indicated in the “amount” column on the date indicated in the [Attachment C’s “Amount” column to each Defendant in excess of its obligation.

Therefore, the above gift act should be revoked within the limit of KRW 141,00,000 as a fraudulent act, and the defendant, a beneficiary, is obligated to pay KRW 141,00,000 out of the amount donated to the plaintiff.

2. According to the evidence Nos. 1, 2, 5, 7, and 8, the judgment of the court below: (a) the Plaintiff filed a claim against C for reimbursement against C; and (b) on September 23, 2016, the Plaintiff paid the Plaintiff KRW 725,53,914 with D, jointly and severally, with D, during the period from August 26, 2016 to the delivery date of the original copy of the instant payment order; and (c) the payment order was issued to the Plaintiff at the rate of 10% per annum from the next day to the date of full payment; and (d) the payment order was finalized on December 31, 2016; and (c) the payment order was recognized that C paid the amount indicated in the column of “amount” on the date indicated in the column of “No. 1 through 6” column of the attached Table No. 3.

However, the evidence submitted by the Plaintiff in the above facts alone is insufficient to recognize that C donated the money stated in the “amount” column on the date indicated in the attached Table “written” to each Defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim based on this premise is rejected.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.

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