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(영문) 인천지방법원 2020.08.20 2019가단208051
사해행위취소
Text

1. The Plaintiff, Defendant B, and Defendant D, E, E, F, and G are jointly and severally with Defendant B, respectively, KRW 11,818,181 out of the said money.

Reasons

1. Each claim against Defendant B, D, E, F, and G

A. The Plaintiff asserted that, around August 27, 2017, the Plaintiff settled the remaining principal of the loan amounting to KRW 17 million and agreed to receive 1% of the principal monthly interest as a result of continuous multiple monetary transactions from around 1998 with Defendant B and the Network H, and the network H around 199.

Therefore, Defendant B is obligated to pay 65 million won out of the remaining principal of the above loan and damages for delay thereof to the Plaintiff, and the remaining Defendants, the deceased H’s heir, jointly and severally with Defendant B, to pay 65 million won out of the remaining principal of the above loan and damages for delay thereof in proportion to their shares of inheritance.

B. The Defendants’ assertion 1) Defendant B and the network H were to have borrowed KRW 30 million from the Plaintiff on February 27, 2009, and KRW 35 million on April 20, 2009 without setting the respective interest and the due date for reimbursement, but all of them were to have been repaid. However, there is no proof of the Plaintiff as to the remainder of monetary transactions excluding KRW 65 million as above-mentioned recognition amounts to Defendant B and the network H, and there is no such settlement of accounts by the Plaintiff’s assertion.

C. In addition to the overall purport of the arguments in the statements in Gap evidence Nos. 1, 2, 4 through 13, and Eul evidence Nos. 1 through 5, the plaintiff has been continuously engaged in financial transactions through the account from around 2009 with the defendant B and the network H, who is the married couple. The defendant B and the network H used not only the one's own account, but also the one's children for the transaction, such as I, F, E, G and the one's own account under the name of the defendant C, and the other's account. The defendant B and the network H used not only the one's own account, but also the one's children for the transaction. The defendant B and the network H are the "loan No. 1" from the plaintiff on February 27, 2009.

) On April 20, 2009, KRW 35 million (hereinafter “instant second loan”) is deemed as “the instant loan”).

The Plaintiff, on August 27, 2014, prepared a separate loan certificate stating that the Plaintiff borrowed each interest and due date without setting, and on August 28, 2014, the Plaintiff entered loans to Defendant B and deceased H in the family register as KRW 17 million, and Defendant B and H from May 28, 2013, the Plaintiff is KRW 17 million.

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