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(영문) 서울중앙지방법원 2016.11.03 2016가단5004443
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. On December 29, 2011, the Plaintiff has a claim for indemnity (291,640,096 won as of January 6, 2016), based on a credit guarantee agreement entered into with the distribution of the said large-scale area.

B. On March 14, 2012, when the instant mineral products distribution was imminent, the Defendant entered into an agreement with the Defendant on the transfer and takeover of claims with respect to the claims set forth in [Attachment List Nos. 1 and 2], thereby causing or deepening the shortage of joint security for general creditors including the Plaintiff.

C. Therefore, the above bonds transfer and takeover contract constitutes a fraudulent act and is presumed to have the intent of the defendant who is the beneficiary. Therefore, the above bonds transfer and takeover contract should be revoked.

As a result of the cancellation of such fraudulent act, the Defendant, as a beneficiary, is obligated to transfer each of the above claims to the above large-scale distribution, and notify each of the above assignment to the said small-scale distribution, which is the garnishee, or to pay 101,116,500 won, which is equivalent to the amount of the claim already recovered by the Defendant as direct compensation to the Plaintiff.

2. Determination as to the existence of the eligibility for the defendant

A. In a lawsuit seeking revocation of a fraudulent act by a creditor of the relevant legal doctrine, along with the revocation of a fraudulent act, there is standing to be only the beneficiary or subsequent purchaser for defendant.

(See Supreme Court Decision 2008Da72394 Decided January 15, 2009). Here, a beneficiary refers to a person who benefits from a debtor’s fraudulent act, i.e., the other party to the act.

B. In this case, in order to pay the debts that may arise as of October 20, 2005 and in the present and future, the above large-scale area distribution concluded a bond transfer contract (transfer amount: KRW 100,000,000,000) with the content that the above large-scale area distribution in the above large-scale area transferred to the above Han-do area the claims against the third debtor, including the above lotl (the trade name before the change: Dolsung and DozalMalo).

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