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(영문) 수원지방법원 2012.11.01 2011가합21191
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

B In relation to the business it operated, the value-added tax and global income tax (including additional dues) amounting to a total of 6,683,985,600 won as shown in the attached sheet as of the date of the lawsuit in this case.

B transferred 30 million won between February 20, 2008 and February 22, 2008, 2000 million won on July 15, 2008, KRW 30 million on August 13, 2008, KRW 70 million on August 13, 2008, KRW 850 million on September 10, 2008, and KRW 1450 million on August 22, 2009.

(B) On April 28, 1988, the marriage report was completed, and the agreement was reached on July 26, 2010.

[Ground] Facts without dispute, Gap's evidence Nos. 1, 2, 4, Eul evidence Nos. 4, 5, 7, and Eul evidence Nos. 4, 5, and 7 (including a serial number), the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion that Eul exceeded the obligation due to tax delinquency, etc., he remitted a total of KRW 1,450,000,000 by performing each remittance between the defendant and the defendant. This result in the conclusion of each gift contract between B and the defendant, which constitutes a fraudulent act detrimental to the general creditor, and thus, the above contract constitutes a fraudulent act detrimental to the general creditor, and thus, the plaintiff seeks the payment of KRW

Judgment

In light of the following circumstances, as to whether each of the instant remittances was concluded between the original and the Defendant at the time of each of the instant remittances, the following circumstances, namely, B and the Defendant were in marital relationship at the time of each of the instant remittances, namely, the sum of the amounts used from January 2008 to August 2010, 460,593,645 won was deposited from the Defendant’s account, which was the receipt account of each of the instant remittances, and the Defendant’s education for the child C, from around 2003 to June 201, which was the receipt account of each of the instant remittances.

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