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(영문) 수원지방법원 2016.06.09 2015나18609
사해행위취소 등
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding the gift contract of July 22, 2013 shall be revoked.

between the defendant and C.

Reasons

1. The Plaintiff filed a claim for revocation of fraudulent act and compensation for equivalent value with respect to the gift contract of KRW 30,700,000, which was concluded on December 31, 2010 between the Defendant and C from the first instance court and C, and the gift contract of KRW 40,535,775, which was concluded on July 22, 2013, and the first instance court dismissed all of them.

As to this, the Plaintiff appealed against only the portion of the donation contract of KRW 40,535,775, which was concluded on July 22, 2013, and thus, the subject of the judgment of this court is limited to the cancellation of the fraudulent act and claim for compensation for the value of the gift contract of KRW 40,535,775, which was concluded on July 22, 2013 between the Defendant and C.

2. Basic facts

A. On October 7, 2004, D, the Plaintiff’s husband, filed a claim for damages against the Defendant’s husband, with Seoul Southern District Court 2003Gahap7471, and on October 7, 2004, “C, at the same time, performed its obligation to Han Bank Co., Ltd., and paid D the amount of KRW 605,559,775, and KRW 103,563,013 among them, from June 29, 201 to June 49, 679, 182, from July 18, 2001 to May 31, 203, and from June 1, 2003 to August 26, 2004, the appellate court became final and conclusive upon each of the above decisions of the appellate court (Seoul High Court 2006Da26968, Jun. 26, 2006).”

B. The Plaintiff received the above damage claim from D to C, and notified C that the above damage claim was transferred.

(C) The Plaintiff’s claim against C (hereinafter referred to as “instant claim for acquisition by transfer”).

C Around July 22, 2013, the 3,357 shares of the Net Co., Ltd. held by it transferred it to thenet set-off Korea Co., Ltd., and received KRW 40,535,775 (hereinafter “instant share transfer price”) with the said transfer price. Around July 31, 2013, the 40,534,775 won was deducted from the commission from the said transfer price to the Defendant’s national bank account, his wife.

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