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(영문) 부산지방법원 2013.09.26 2012가합44559
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. C, on March 16, 201, for which the representative director of A Bank A, the gist of the Plaintiff’s assertion, was the Defendant, (i) each check [50 million won cashier’s checks (one million won or 50 million won, or 500 million won in total)] listed in the separate sheet No. 1 (hereinafter “instant one donation contract”); (ii) on March 17, 2011, as indicated in the separate sheet No. 2, “one cashier’s checks (one cashier’s checks number G)” (hereinafter “instant two donation contract”); and (iii) on March 17, 201, donated C’s 1/2 shares in the separate sheet No. 2 [1.320,00 won, one cashier’s checks number G] (hereinafter “instant donation contract”); and (iv) referred to as “each of the instant donation contracts” as “each of the instant gift contracts”).

Each of the instant donations constitutes a fraudulent act, and thus, it should be revoked, and since it is impossible to restore it to its original state, the Defendant sought compensation for the amount of KRW 1,160,00,000 [the value compensation of KRW 500,000 for the instant gift contract 500,000 for the value compensation of KRW 660,000 for the instant gift contract (= KRW 1,320,000 for 1,320,000 x 1/2] and damages for delay.

2. Determination: (a) comprehensively taking account of the entire purport of the pleadings as a result of the order to submit financial transaction information issued to the President of the National Agricultural Cooperative on August 8, 2013 and on August 22, 2013, the following facts: (b) C withdraws KRW 500 million from the bank account (Account Number: H) of the Agricultural Cooperative Federation on March 15, 201 as a check listed in attached Table 1; (c) sale of each of the above cashier’s checks on March 16, 201 to the deposit account (Account Number: I; hereinafter “the account in this case”); (c) sale of each of the above cashier’s checks on March 16, 201 to the Defendant’s National Bank Account (hereinafter “the Defendant’s account”); (d) sale of each of the above 30 square meters owned by the Seocho-gu Seoul High Court on March 24, 2010; and (e) sale of each of the above 30.3 square meters shares owned by the Seoul High Court on March 10 and 24.3.

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