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(영문) 광주지방법원순천지원 2017.10.10 2016가단13912
사해행위취소
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 24, 2014, Nonparty C Co., Ltd (hereinafter “Nonindicted Company”) entered into an agreement with the Plaintiff as a joint and several surety of Nonparty B on the amount of KRW 74,00,000, interest rate of KRW 15.9% per annum, and overdue interest rate of KRW 27.9%, and received a loan.

B. Nonparty Company and Nonparty B did not pay the loan interest and principal from July 20, 2016 to October 20, 2016, with the remainder of KRW 21,905,303 and the remainder of KRW 2,174,447, the sum of KRW 24,079,750.

C. Nonparty B and the Defendant are marital relations, and entered into a donation agreement on December 2, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer to the Defendant as the receipt of No. 3328 on December 3, 2014 by the Gwangju District Court Mayangyang Branch Office.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The right to revoke a fraudulent act is a lawsuit filed by a person who has a claim against the debtor for the preservation of the claim. At the time of the act alleged as a fraudulent act, it is recognized that the debtor was in excess of his/her obligation or insolvent at the time of the act of disposal alleged as a fraudulent act, and the burden of proof therefor lies on the Plaintiff. However, in this case, the evidence submitted by the Plaintiff alone

It is insufficient to recognize that the defendant had the intention of deception, and there is no other evidence to prove it.

(In light of the evidence submitted by the Plaintiff, B is only recognized as having faithfully paid the loan and interest between March 2014 and October 2016. Accordingly, the Plaintiff’s claim is not accepted without examining the remaining issues.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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