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Case Number of the immediately preceding lawsuit
Seoul High Court 2012Na80776 (Seoul High Court 2013.31)
Title
(C) It is reasonable to deem that the repayment of the debt with the loan by financial evidence is made, and it does not constitute a fraudulent act.
Summary
(Summary) The gift agreement between the debtor and the defendant on May 29, 09 constitutes a fraudulent act, and thus cancellation and the amount paid to the defendant on June 1, 009 is deemed to have been actually repaid by the debtor to the defendant's living together under the financial evidence, and so long as the defendant's living together delegated the right to receive repayment to the defendant, it shall not be deemed to have been a fraudulent act.
Related statutes
Article 30 of the National Tax Collection Act
Cases
2013Da210893 Revocation of Fraudulent Act
Plaintiff-Appellant
Korea
Defendant-Appellee
IsaA
Judgment of the lower court
Seoul High Court Decision 2012Na80776 Decided July 31, 2013
Imposition of Judgment
November 15, 2013
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition