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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for some additions as follows. Thus, it shall accept this by the main sentence of Article 420 of the Civil Procedure Act.
2. In addition, the part of the first instance judgment 6th 8 pages of the judgment is as follows. Accordingly, the plaintiff's assertion is without merit (the plaintiff's assertion is without merit; the plaintiff shall be KRW 7 million on October 1, 2008 on behalf of the defendant; KRW 2.3 million on December 27, 2008; KRW 6 million on December 26, 2008; KRW 160 million on April 16, 2009; KRW 60,000 on May 6, 2009; KRW 1.6 million on September 2, 2008; KRW 3 million on October 2, 2008; KRW 15 million on October 15, 2008; KRW 600,000 on June 16, 200 on the same month; and KRW 1.5 million on the same month.
9. The defendant's donation of KRW 38.2 million to the defendant by paying KRW 200,00,000,000,000 per month, and KRW 1.4 million per month on 20,000,000 to the defendant. Thus, the above donation of KRW 38.2 million should be revoked as a fraudulent act against the plaintiff.
According to the response of each order to submit financial transaction information as of March 10, 2015 and April 23, 2015 of the NH AF Bank, C is recognized as having deposited KRW 38,200,000 in total with the NH Bank account of E and the Defendant, but it is difficult for C to view the above amount as having been donated to the Defendant. Furthermore, in principle, the cancelled creditor’s claim is created prior to the fraudulent act in its nature. However, there is a high probability that there was a legal relationship which is the basis of the establishment of the claim at the time of the fraudulent act, and that the claim is established in the near future, and it is highly probable that the claim can also be preserved by the obligee’s right of revocation if the claim is established in the near future.