logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.10 2016가합45925
사해행위취소
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are serving in Wals Memorial Wals Memorial Hospital operated by the Medical Foundation of the Korean Medical Foundation of the Korean Medical Corporation (hereinafter “the Medical Foundation of this case”).

As a retired worker, the medical foundation of this case has a claim for unpaid wages and retirement allowances.

B. On June 22, 2015, the instant medical foundation entered into a loan agreement with the Defendant to borrow KRW 3 billion at an annual interest rate of 6.7%, and the loan period of 36 months. The Defendant agreed to repay KRW 92,220,350 each month to the Defendant for the next 36 months, and the instant medical foundation entered into a contract with the Defendant to transfer KRW 1,000,000 to the Defendant out of all the payment claims, such as medical care benefits expenses to be received from the National Health Insurance Corporation as security for the foregoing loan obligations, and notified the National Health Insurance Corporation of the fact of the instant transfer of claims to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 11 through 15, Eul evidence 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The medical foundation of this case, which is the debtor of the plaintiffs' primary claim, is insolvent by entering into a contract with the defendant for the assignment of claims of this case for the purpose of evading compulsory execution by the creditors, including the plaintiffs. Thus, the assignment of claims of this case constitutes a fraudulent act detrimental to the creditors of the medical foundation of this case. 2) In order to determine whether a fraudulent act of the assignment of claims of this case constitutes a fraudulent act, the act of the debtor's disposal of assets of this case shall cause the decrease of the debtor's total assets, thereby causing a decrease in the debtor's joint security, i.e., the debtor's small assets should be more active assets, and the debtor's insolvency is not a fraudulent act.

arrow