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(영문) 수원지방법원안산지원 2015.10.14 2014가단107239
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 5, 2010, the Plaintiff joined D and went away on March 15, 2012.

B. D paid KRW 3,00,000 on May 2, 2011 to Defendant B, and KRW 8,500,000 on September 13, 2011, respectively. Defendant C paid KRW 3,000,000 on May 11, 2011, and KRW 600,000 on July 6, 201, and KRW 3,000,00 on October 31, 201, respectively.

(hereinafter “each of the instant money”). C.

The Defendants paid the following money to D:

C. C 2,700,000 won on April 26, 2011: C 20,000 on April 26, 2011; C 1,000,000 won on April 28, 2011; and C 3,400,000,000 won on April 28, 201; and 6,000 won on June 9, 201; 3,40,000,000 won on July 19, 201; 3,00,00,000 won on July 2, 201; C 20,000, C 20,000 won on July 20, 201; C 10, C 10,010, C 10,000 won on September 21, 201;

D. The Plaintiff filed a lawsuit against D to seek payment of wages and retirement allowances with the Incheon District Court Decision 2013Da45630, and the said court rendered a judgment that D, on July 30, 2013, paid to the Plaintiff the amount of KRW 26,50,000 and the amount calculated at the rate of 20% per annum from March 30, 2012 to the date of full payment. The said judgment became final and conclusive on August 20, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, 6, 8, Eul evidence 2 to 22, the purport of the whole pleadings

2. The plaintiff's assertion

A. D, in excess of the primary claim, paid each of the instant money to the Defendants, which constitutes a gift.

Even if the act of paying each of the amounts of this case is deemed to be not a donation, it would be possible that D in collusion with the Defendants, a creditor, and repaid with intent to prejudice other creditors.

Therefore, D’s act of payment of each of the instant money must be revoked as a fraudulent act, and the Defendants are obligated to pay each of the instant money and damages for delay to the Plaintiff by restitution.

(b) preliminary.

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