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(영문) 서울남부지방법원 2020.09.18 2019나63476
사해행위취소등 청구의 소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the court of first instance is in the judgment.

Reasons

1. Basic facts

A. The Plaintiff is running the agency business for sending text advertising on behalf of the Plaintiff, and B operates the company E (hereinafter “Nonindicted Company”) and is running the agency driving business.

The defendant is the friendly birth of B.

B. On September 21, 2017, B confirmed that the Plaintiff, “B,” and “B, from March 31, 2017, sent the amount of unpaid services (on behalf of the Plaintiff, advertising letters) to the Plaintiff up to March 31, 2017, KRW 72,678,300 (i.e., the value of the transferred letters of KRW 25,000,000 (the value of KRW 34,440,000), and the value of the letters related to the same business as KRW 3,070,60,000 (the value of the transferred letters of KRW 10,167,70,000) is the value of the loan, and (ii) promised B to pay the said money within 2017.”

C. B and H operate and operate M, G, and E, a proxy driving company, and run the same business. B and H are the phone number of each of the instant phone numbers listed in the separate sheet 1 among the substitute driving phone numbers used for the business.

(5) On December 22, 2017, the Plaintiff and the Defendant applied for the change of the phone number of this case in D on December 22, 2017, and the Defendant changed the name of H from A to the Defendant upon approval. (d) B and H and I agreed to liquidate the same business relationship and transfer all proxy driving phone numbers (including the phone number of this case) that were subscribed under I on December 22, 2017. (e) B requested I to change the phone number of this case in the name of the Defendant that was registered as an agent driving service business at the time. Accordingly, I and the Defendant applied for the change of the phone number of this case in D on December 22, 2017, and then changed the name to the Defendant in I. [the grounds for dispute, without the grounds for recognition, No. 1, No. 1-2, A, 2, 6, 8, 10, 18, and 2, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s assertion B transferred the right to use the instant telephone number, which is one of his sole property, to the Defendant, even though there is a debt against the Plaintiff, which reduces the responsible property.

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