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(영문) 서울고등법원 2016.05.26 2015나22221
사해행위취소 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning in this part of the underlying facts is the same as the part of the “1. Recognizing the facts of recognition” from the second to the 6th 8th 17th 8 of the judgment of the court of first instance, except in cases where the second 18 to the third 1st 1 of the judgment of the court of first instance is written as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A. Defendant B, as the Plaintiff’s friendship, is F Co., Ltd. (hereinafter “F”).

A) The actual operator of the E is the F’s internal director, and E is an employee of the F’s office, such as Defendant B, and is the mother of Defendant C (24 years old at the time of the instant assignment of claims as of September 3, 2013). D is the Plaintiff’s wife.

2. Determination as to the claim against the defendant B

A. On September 19, 201, the Plaintiff asserted that: (a) settled the amount loaned to Defendant B and F at KRW 180 million; (b) paid KRW 180 million on October 6, 201; and (c) thereafter, as indicated in the instant table, leased KRW 200 million to the Defendant B from October 6, 201 to December 30, 201; and (d) received KRW 50 million on March 22, 2012; and (e) received the instant payment note from Defendant B as to the remaining loans of KRW 150 million on March 22, 2012.

After receiving the instant payment note, the Plaintiff additionally lent KRW 30 million on April 6, 2012, and KRW 20 million on May 18, 2012 to Defendant B.

(2) Defendant B’s obligation arising from the said monetary transaction (hereinafter “instant financial transaction obligation”). Therefore, Defendant B is obligated to pay to the Plaintiff the remaining financial transaction obligation (= KRW 150 million KRW 30 million) and damages for delay.

B. In full view of the existence and amount of the remaining financial transaction obligation of this case and the purport of the entire pleadings, Defendant B traded money between the Plaintiff and the Plaintiff with its own account or F or E, and the Plaintiff is the Defendant B.

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