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(영문) 춘천지방법원 2018.09.19 2017가합50754
부인의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 247,169,833 and the interest rate of KRW 15% per annum from August 2, 2017 to the date of complete payment.

Reasons

1. Receipt of the defendant's profits from telecom and A's bankruptcy;

A. On October 13, 2009, A purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Do resident mutual savings banks (hereinafter “Do resident savings banks”) and completed the registration of ownership transfer on October 20, 209.

A registered a business on November 1, 2009 and operated a lodging facility (hereinafter “the instant telecom”) with the trade name “Del” from the instant real estate until December 31, 2014.

B. A had the Defendant receive the total of KRW 247,169,833 from July 201 to September 2013 after deducting the expense from the sales of the instant franchise.

C. On July 3, 2015, A was declared bankrupt by the Chuncheon District Court 2015Hadan273, and the Plaintiff was appointed as the bankruptcy trustee of A.

On June 30, 2017, the Plaintiff obtained permission from the Chuncheon District Court to file the instant lawsuit.

【Legal basis for recognition】 Each entry in the evidence Nos. 1, 2, 3, and 6 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The phrase “an act of having knowledge that the debtor would compromise any bankruptcy creditor”, which is an act subject to avoidance under Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), includes not only so-called “act of absolute reduction of the debtor’s general property, which is a joint security of all creditors, but also so-called “an act of biased distribution,” which is contrary to the fairness of other bankruptcy creditors, by affecting the debtor’s property relationship as repayment or security to a specific creditor.

In order to be recognized as the above intentional person, the debtor should have known the damage to the bankruptcy creditor as a subjective requirement.

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