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Reasons
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(영문) 서울고등법원 2014.11.21 2013나47431
사해행위취소
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account the following facts: Gap evidence 1-1, Gap evidence 1-2 through 4 (the same shall apply 2-2-4), Gap evidence 2-1, Gap evidence 3-1, 2-2, Gap evidence 5-1, 6-1, 6-2, Gap evidence 8-1 through 6, Gap evidence 10, Eul evidence 12-1, 2, Eul evidence 15, 2-1 through 4-3, and Eul evidence 4-1 through 4-3, and the response against the order to submit the details of financial transactions to one bank support division, one bank support division, the whole purport of pleadings.

C A around May 2007, a person who was in a de facto marital relationship with D and until February 2010, E (E (hereinafter “E”) is the mother of D, G is the external third village of D, and the Plaintiff is the husband of H, who is the former husband of D.

B. The details of money transactions between plaintiffs, E, G and C are as follows:

1) The Plaintiff remitted to C the total amount of KRW 80 million on October 13, 2008, and KRW 30 million on October 27, 2008, using the H’s name. C, on October 30, 2008, borrowed KRW 80 million to the Plaintiff on October 30, 2008 (hereinafter “the first loan agreement of this case”; “the first loan agreement of this case”; and the said loan money of this case is “the first loan of this case”).

2) E transferred C total of KRW 318 million on September 8, 2008, KRW 80 million on October 10, 2008, KRW 18 million on March 3, 2009, KRW 318 million on March 31, 2009, and KRW 318 million on March 31, 2009.

3) G lent KRW 5 million to C on January 28, 2010. (c) On January 20, 2010, G lent KRW 5 million to C as above, G borrowed a loan certificate stating that “C shall borrow KRW 510 million from G, with the interest rate of KRW 1% per month and the interest payment date fixed as 28 days per month, without the stipulation that the repayment period shall be due” (hereinafter “second loan certificate of this case”) to G on January 20, 2010, which was prior to lending KRW 5 million to C, and the said loan certificate is “the second loan loan of this case.”

shall be prepared.

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