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(영문) 수원지방법원안양지원 2013.11.27 2012가단28651
사해행위취소 등
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. The plaintiff alleged that the defendant B invested 130 million won in total from July 23, 2007 to October 30, 2007. At the time, the plaintiff shall be deemed as 10 million won per unit with the defendant B at the time, and the amount of dividends or recommendation allowances at the rate of 25% per month per unit (hereinafter "distribution, etc.") has been agreed to be paid. The plaintiff shall seek payment of 50 million won in total, including accrued dividends, etc. from October 31, 2007 to January 14, 2008 with the amount of 130 million won in the investment principal, and damages for delay shall be claimed.

B. (1) First of all, the fact that the Plaintiff paid the Defendant B totaling KRW 130 million from July 23, 2007 to October 30, 2007 does not conflict between the parties.

(2) However, it cannot be readily concluded that the Plaintiff agreed to receive dividends, etc. at the rate of 25% per month from Defendant B at the time of receiving the above amount solely based on the descriptions of Gap evidence 1 to 3, Gap evidence 5 to 7, Eul evidence, and Eul evidence and witness evidence D’s testimony, and it cannot be concluded that the Plaintiff agreed to receive dividends, etc. at the rate of 10 million won per month from Defendant B at the time of receiving the above amount, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion seeking payment of 50 million won, such as unpaid dividends, is without merit.

(3) In addition, comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 5 through 8 and Eul evidence Nos. 1 through 4, the plaintiff prepared and delivered a loan certificate (Evidence No. 5) to the effect that the unpaid interest and allowances will be settled later on December 24, 2007 with the claim amounting to KRW 130 million on the part of the debtor B and the garnishee Korea Exchange Bank (OB), and the defendant Eul received the provisional seizure order on the claim amounting to KRW 200,000,000,000 won on the part of the plaintiff around that time with the cancellation of execution of provisional seizure on the above claim, and KRW 50,000,000,0000,000 won on the part of February 5, 2008, and ② the plaintiff from the defendant B, including the loan certificate No. 30,000,000 won from May 27, 2008.

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