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(영문) 대구지방법원 2016.08.24 2015나17256
사해행위취소
Text

1. The plaintiff's appeal and the defendant B and C's appeal are all dismissed.

2. The plaintiff's selective selection added at the trial.

Reasons

1. Basic facts

A. On July 14, 2008, G agreed to pay to the Plaintiff KRW 40 million to the Plaintiff on October 14, 2008 and interest 2% on the due date for repayment, and KRW 100 million to the Plaintiff on July 14, 2009 and interest 2% on July 14, 2009, respectively, with respect to H Co., Ltd., the representative director of which he is the representative director. The F, the husband of G, guaranteed the above obligation to the Plaintiff.

B. On October 23, 2008, the Plaintiff filed an order of payment with H, G, and F for the payment of KRW 40 million with the Daegu District Court Branch Branch 2008Guj3465, and the agreed interest thereon, and the payment order was finalized on November 13, 2008. On December 21, 2009, the Plaintiff filed an order of payment with F for the payment of KRW 100 million with the same court 2009Guj4203 and the agreed interest thereon, and the payment order became final and conclusive on January 12, 2010.

C. The Plaintiff currently holds a claim for payment of the amount of KRW 34,676,649 and KRW 22,051,171 calculated by the rate of 2% per month from April 20, 2010 to the date of full payment, and KRW 168,262,88 and KRW 100,000 among them, to KRW 168,262,88 and KRW 2% per month from June 22, 2010 to the date of full payment. The amount is currently over obligations.

F transferred money to each account in the name of the Defendants, as shown in attached Forms 1 through 4, with respect to each account in the name of the Defendants, as shown in attached Table 1 through 4, in the event of insolvent.

(However, there is no possibility of remitting KRW 1,470,00 on December 2, 2012 in the Schedule 2 of Attached 1 Donation. [No basis of recognition] 【No dispute, Party A’s entry in the Evidence Nos. 1 through 4, and 8 through 11 (including each number), and the purport of the whole pleadings.

2. The reasoning for the court’s explanation as to the claim against Defendant B and C is that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination as to the claim against Defendant D and E

A. The summary of the 1 Party’s assertion regarding the claim for the cancellation of the gift agreement.

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