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(영문) 서울고등법원 2017.09.01 2017나2026629
구상금 및 사해행위 취소의 소
Text

1. Of the judgment of the first instance, the part against the defendant, including the claim extended by this court, is as follows.

Reasons

1. The reasons why the court accepted the judgment of the court of first instance concerning this case are as to the defendant's reasons (excluding the part concerning "5. conclusion") of the judgment of the court of first instance, except for the part concerning 11, 17, and 13, 9, excluding the part concerning 11, 17, and 13, as follows.

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

2. The Defendant asserts to the effect that the instant gift contract constitutes a fraudulent act, and thus, the beneficiary is presumed to have bad faith in a lawsuit seeking revocation of fraudulent act. As such, in order for the beneficiary to be exempted from his/her own responsibility, he/she is responsible to prove his/her good faith. In such cases, whether the beneficiary was bona fide or not shall be determined reasonably in light of logical and empirical rules, comprehensively taking into account all the circumstances, including the relationship between the debtor and the beneficiary, the details and motive leading up to the act of disposal between the debtor and the beneficiary, the circumstances leading up to the act of disposal, the circumstances leading up to the act of disposal, whether there are no special circumstances to doubt that the transaction terms and conditions of the act were normal transaction, and circumstances after the act of disposal, etc. (see, e.g., Supreme Court Decision 2015Da37504, Oct. 29, 2015). However, the evidence submitted by the Defendant alone alone is insufficient to recognize that the Defendant was a bona fide beneficiary who was unaware of the instant gift contract.

Rather, the following circumstances revealed by the evidence and the purport of the entire pleadings as seen earlier, ① the Defendant, as a child of A, was well aware of the financial status, etc. of A; ② The instant donation contract was concluded from April 18, 2015, which was delayed by A, and 20 days prior to the delayed payment of interest on the loan; ③ The instant donation contract was concluded before the conclusion of the instant donation contract.

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