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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. On October 2014, the defendant asserted that the defendant lent KRW 40,000,000 to consolation money every month as a result of divorce with wife around October 1, 2014, and the defendant did not pay KRW 6,00,000 to consolation money. The defendant asserts that he was a bona fide beneficiary since he was unaware of the fact that he was in excess of his obligation even before he was subject to attachment and assignment order of the claim based on the Notarial Deed of this case. 2) In a lawsuit seeking revocation of fraudulent act, the fact that he was unaware of the fact that he was in bad faith is a fraudulent act is proven to have the burden of proof by the beneficiary. In this case, the fact that the beneficiary was bona fide at the time of the fraudulent act should be determined by objective and objective evidence, etc. to recognize that he was in good faith, and only only the debtor's unilateral statement or the statement that was merely a third party's statement, etc. at the time of the fraudulent act, it should not be concluded that the beneficiary was bona fide.
(See Supreme Court Decision 2014Da237192 Decided June 11, 2015, etc.). In light of the aforementioned legal principles, in light of the following circumstances, the evidence submitted by the Defendant alone is insufficient to recognize the Defendant’s good faith, and there is no other evidence to acknowledge it, the Defendant’s above assertion is without merit.
① The Defendant lent KRW 40,00,000 to the Defendant, on October 2, 2013, on the ground that B and the 15-year maturity met and B did not pay consolation money around October 2014.