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(영문) 서울중앙지방법원 2014.09.18 2014가단5128888
대여금
Text

1. As to KRW 25,965,879 and KRW 20,000 among the Plaintiff, Defendant A shall be from April 16, 2014 to August 14, 2014.

Reasons

1. A request for loans to Defendant A;

A. The facts stated in the Attached Form of Claim do not conflict between the parties.

B. Therefore, Defendant A is obliged to pay the Plaintiff the same money as the Disposition A.

2. Claim for fraudulent act against Defendant B

A. (1) On July 17, 2013, Defendant A entered into a donation agreement with Defendant B (hereinafter “instant donation agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of transfer of ownership under Defendant B’s name under Article 36999 on the same day.

(2) At the time of the instant donation agreement, the instant real estate was the sole property of Defendant A. At the time, Defendant A was liable for the amount of 26,000,000 won for the Gyeyang Agricultural Cooperative at the time, the amount of 40,000 won for the provisional attachment against C, the amount of 20,850,000 won for D’s provisional attachment, the amount of 10,000 won for the Agricultural Cooperative’s loan, the amount of 6,30,000 won for the teaching life, the amount of 6,30,000 won for the credit loan, the amount of 6,30,000 won for the teaching life, the amount of 3,00,000 won for the credit loan, Korea C

[Reasons for Recognition] The entry of Gap 1 through 4 (including each number), response to the order of submission of tax information to the Gyeyang-gu Incheon Metropolitan City Office of Gyeyang-gu of this Court, the response to the order of submission of financial transaction information to the Korea Federation of Banks of this Court, the purport of the entire pleadings

B. (1) According to the above facts, Defendant A’s donation of the instant real estate to Defendant B, the only property of which Defendant A had been liable for a large amount of debt constitutes a fraudulent act that makes it impossible for the creditors to secure their claims, and Defendant A’s intentional intent is also acknowledged, and Defendant B’s bad faith, the beneficiary, is presumed.

(2) As to this, Defendant A loaned KRW 324,951,60 in total due to the shortage of funds to operate a food manufacturing plant, and Defendant B was unable to receive payment.

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