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(영문) 대전고등법원 2016.01.21 2015나12299
사해행위 취소 등 청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as follows. Thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

(attached Form) 2. Additional Judgment (Judgment on the Plaintiff’s assertion of addition to the trial)

A. The summary of the Plaintiff’s assertion 1) B remitted money to the Defendant through the national bank D account is not paid as living expenses for the following reasons. ① On November 16, 2009, KRW 40,000,000, and KRW 10,000 on December 29, 2009, and KRW 30,000,000 on January 15, 2010, were remitted to the Defendant for a short period of about 2 months, including remitting KRW 8,00,000,00 in total. ② The date and amount of remittance is non-regulation. ③ In light of the fact that the national bank D account at the time of transfer to the Defendant, it is difficult to view that the amount was transferred to the Defendant as living expenses, and that there was a deposit balance of KRW 30,00,000 or more at least KRW 30,000,00 in the national bank account under the name of the Defendant’s bank.

(2) Of KRW 30,00,000, which was remitted on January 15, 2010, the amount of KRW 10,000,00, which was transferred to the account of the Bank on the same day. ⑤ Even according to the Defendant’s assertion, B used money for business funds or cost of living by lending money from the party at the time when the money was transferred to the Defendant, but the amount of KRW 2,840,00 per month from the national bank D account was deposited with KRW 1,584,00 per month as the insurance premium for life from August 19, 201, and KRW 1,584,00 per month from the national bank D account was deposited with the intent to contribute money to the Defendant as long as money was remitted in certain amount.

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