logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.02.09 2017가단218133
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The defendant's basic facts are children of B, and C are children of B.

The Plaintiff filed a lawsuit against B, etc. against the Seoul Western District Court 2010Kadan61338. On April 20, 2011, the lower court rendered a judgment that “B, etc. jointly and severally, shall pay to the Plaintiff KRW 1,142,438,017 and delay damages.” The judgment became final and conclusive around that time.

On April 4, 2013, the sum of KRW 66,874,894 ( KRW 50,000,000, KRW 16,874,894) was transferred two times from the bank account (Account Number: D; hereinafter referred to as “D account”) in the name of the defendant to another bank account (hereinafter referred to as “E account”) in the name of the defendant, and with respect to each of the above transfers, the term “statement” in the D account is written as “hume money.”

The details of deposits and withdrawals from the D account around April 4, 2013 and the entries in the account are as shown in the attached Form.

On March 5, 2013, the Defendant entered into a contract with F to rent KRW 170 million from the lease deposit amount of KRW 628 Dong 104,00,000,000 from the account in the above F. On April 9, 2013, the amount of KRW 13 million was transferred from the account in the above F’s name to the account in the F’s name, respectively.

B’s husband responded to the purport that “B used the account of his father C” in the adjudication of bankruptcy and exemption case (U.S. District Court Decision 2015Hadle4539, 2015Hadle 4539, 4539) that he applied for.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 4, 6, 7, and 16, and purport of the whole pleadings]

2. On April 4, 2013, when the Plaintiff’s assertion B assumed the Plaintiff’s obligation against the Plaintiff, KRW 66,874,894 was remitted from the D account under the Defendant’s name to the E account under the Defendant’s name.

B was using the account in the name of L/C, but the sum of KRW 16,874,894 was remitted from March 8, 2013 to April 4, 2013, including the remittance of KRW 16,00,000 from the account in the name of C.

arrow