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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff borrowed KRW 680,000,000 in total on several occasions from December 28, 2014 to February 24, 2015, as shown in the attached Form of Settlement with Nonparty C (hereinafter “Nonindicted Party”) but was paid KRW 407,00,000 in total from December 28, 2014 to February 24, 2015, the Plaintiff was not paid KRW 273,00,000 in total from the Nonparty among them.
(hereinafter “this case’s loan transaction”). (b)
The plaintiff filed a lawsuit against the non-party seeking payment of the remaining loan amounting to KRW 273,00,000, and received a favorable judgment.
(Yiju District Court Decision 2017Gahap86 and Suwon District Court Decision 2017Na18813). (C)
On January 15, 2015, the Defendant, as the Nonparty’s spouse, received nine copies of the instant cashier’s check from the Nonparty, presented its payment, and deposited KRW 70 million into the account in the Defendant’s name (hereinafter “instant primary act”), and issued four copies of the instant cashier’s check on January 22, 2015, and presented its payment, and deposited KRW 40 million into the national bank account in the Defendant’s name.
(A) A. (Evidence evidence: Each entry of evidence A and the purport of the entire pleadings)
2. Determination on this safety defense
A. The Defendant asserts that the Plaintiff’s claim cannot be accepted without need to further examine, even though the Plaintiff was aware of the cause for revocation of the fraudulent act around November 17, 2017, since it submitted the instant complaint only after November 29, 2018.
B. However, in the exercise of the obligee's right of revocation, "the date when the obligee becomes aware of the cause of revocation" means the date when the obligee becomes aware of the fact that the obligor had committed a fraudulent act while being aware that it would prejudice the obligee.
This is not sufficient to say that the debtor simply conducted the act of disposal of the property, and it is concrete.