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(영문) 의정부지방법원 2017.08.25 2016가합57397
사해행위취소
Text

All lawsuits against Defendant B, D, and E shall be dismissed.

The plaintiff's claim against the defendant C is dismissed.

The costs of lawsuit.

Reasons

1. The plaintiff's assertion

A. The Plaintiff subrogated on March 17, 201 to Defendant B with the obligation of KRW 50 million owed by Defendant B to F, and received reimbursement of KRW 21 million from Defendant B.

Therefore, Defendant B is obligated to pay the remainder of the subrogated payment to the Plaintiff KRW 29 million and damages for delay.

B. Around June 201, Defendant B and C requested the Plaintiff to temporarily engage in financial transactions using the Plaintiff’s account on the grounds that it is impossible to conduct financial transactions with their own account, and the Plaintiff allowed the Plaintiff to use the Plaintiff’s bank account in its name.

Since then, on October 31, 201, G Co., Ltd. (hereinafter “G”) deposited KRW 50 million in the above national bank account in order to repay the debt borrowed to the Plaintiff, and Defendant B and C voluntarily withdrawn the use of the above national bank account and consumed it.

After all, Defendant B and C jointly have the obligation to jointly pay the Plaintiff the damages amounting to KRW 50 million and the damages for delay due to the tort.

C. Even if Defendant B’s tort liability is not acknowledged, the amount described in the foregoing sub-paragraph (b) is that the Plaintiff lent G operational funds to Defendant B, and Defendant B is obligated to return KRW 50 million to the Plaintiff.

On October 28, 201, Defendant B entered into a contract with Defendant D to sell 1/3 shares, and 2/3 shares to Defendant E (hereinafter “instant sales contract”) among three factories located in Ildong-gu, Busan-gu and its ground (hereinafter “instant real estate”).

At the time, Defendant B’s active property was the entire real estate of this case (as approximately KRW 1.5 billion), and the negative property was in excess of the debt amounting to approximately KRW 2.5 billion.

Ultimately, since the instant sales contract is a fraudulent act, the sales contract between Defendant B and D is 26,33,33 won = the amount of the Plaintiff’s claim 79 million won, which constitutes 1/3 of the Plaintiff’s claim amount.

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