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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Determination as to the cause of claim
A. From May 2018 to July 2018, the Plaintiffs are creditors who receive a total of KRW 297,581,810, as stated in the attached Table 2, as stated in the attached Table 2, from K Co., Ltd., and on July 24, 2018, K Co., Ltd transferred the Defendant’s claim stated in attached Table 1 (hereinafter “instant claim”). Since it is a fraudulent act against the Plaintiffs, the Plaintiffs seek revocation and restitution against the Defendant.
B. A creditor’s claim for the repayment of an obligation does not constitute a fraudulent act, as a matter of course, for the reason that there exists another creditor as a right to exercise his/her right, and as such, the debtor cannot refuse to perform his/her obligation on the ground that there is another creditor as he/she bears the obligation to perform his/her obligation according to the nature of the obligation. As such, even in cases where the debtor’s joint security of other creditors is reduced by paying his/her obligation to a specific creditor in excess of his/her obligation, the performance does not constitute a tort unless the debtor, in collusion with some of his/her creditors, performs his/her obligation with the intent to harm other creditors, unless he/she performs the obligation with the intent to harm other creditors.
In addition, whether a debtor in collusion with some of the creditors and has an intention to harm other creditors, and whether the debtor has performed his obligation or transferred his obligation should be proved by the person asserting that the debtor is a fraudulent act. This is whether the debtor's claims against the beneficiary exist, whether the beneficiary actually collected the amount of repayment or transferred obligation from the debtor, the amount actually collected from the debtor and the beneficiary, the relationship between the debtor and the beneficiary, the debtor's ability to repay and its awareness, the act of the beneficiary before and after repayment or assignment of obligation, and the debtor at