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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim and the defendant's assertion
A. In a case where a debtor’s act of reducing liability property, thereby inducing or deepening the shortage of common security for general creditors, whether the act constitutes a fraudulent act subject to revocation should be determined by comprehensively taking into account the following circumstances: (a) the degree of insolvency among the debtor’s entire responsible property; (b) the economic purpose of a juristic act; (c) the reasonableness of the pertinent act, which is the means to realize the economic purpose of a juristic act; (d) the reasonableness of the pertinent act; (e) the duty to perform an act; and (e) the degree of perception of the parties as to the risks of joint security, such as the existence of a collusion between the debtor and the beneficiary
In addition, unlike the case where a debtor, who is in excess of his/her obligation, transfers active property to some of the creditors by payment in kind, may, in principle, constitute a fraudulent act in relation to other creditors, unlike the case where the debtor makes a repayment according to the principal of obligation to a certain creditor. However, in such a case, in light of the general standard of judgment as seen above, if the act cannot be seen as an act detrimental to the general creditor, the establishment of a fraudulent act may
(see, e.g., Supreme Court Decisions 2010Da52416, Mar. 10, 201; 2011Da28045, Oct. 13, 2011). Moreover, in a lawsuit seeking revocation of a fraudulent act, the beneficiary bears the burden of proving that he/she was a fraudulent act. In such a case, the beneficiary bears the burden of proving himself/herself. In order to recognize that he/she was a bona fide person, objective and objective evidence, etc. should be supported, and only a statement of the debtor’s unilateral statement or a statement of the third party, etc., is based on the same.