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Case Number of the immediately preceding lawsuit
Seoul High Court 2012Na24998 (Law No. 11, 2013.04)
Title
If a debtor makes payment in kind to a specified creditor in excess of his/her obligation, then he/she becomes a fraudulent act against another creditor.
Summary
Where the obligor’s assets are insufficient to fully repay the obligor’s obligations, and where the obligor provided the obligor’s assets to a certain obligee by payment in kind, barring any special circumstance, this would directly prejudice the interests of other obligees and thereby constitute a fraudulent act in relation to
Related statutes
Article 30 of the National Tax Collection Act
Cases
2013Da35245 Revocation, etc. of Fraudulent Act
Plaintiff-Appellee
Korea
Defendant-Appellant
Park AA
Judgment of the lower court
Seoul High Court Decision 2012Na24998 Decided April 11, 2013
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of