logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2015.09.25 2015가단11395
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence No. 3-1 and No. 2 of the judgment as to preserved claims, the Plaintiff filed a lawsuit seeking return of unjust enrichment under the Cheongju District Court Branch Branch Decision No. 2013 Ghana9123, May 20, 2014; the Defendant, on June 15, 2014, paid to the Plaintiff KRW 60,000 on July 15, 2014; KRW 60,000 on August 60, 2014; KRW 60,000 on September 15, 2014; KRW 60,000 on September 15, 2014; KRW 2,400,000 on September 15, 2014; if C delays payment of the above installment, it shall be paid to the Plaintiff by adding the obligation to make a settlement recommendation to the date of loss of interest and by 20% of the remainder of the settlement recommendation.

According to the above facts of recognition, the Plaintiff is obligated to pay C the amount of KRW 2,400,000 and damages for delay as set forth in the decision on the recommendation for reconciliation of this case, except in extenuating circumstances.

In regard to this, the defendant's defense that, after the filing of the lawsuit in this case, deposited the money set forth in the decision of recommending reconciliation in this case, and thereby the debt under the decision of recommending reconciliation in this case was extinguished. Accordingly, according to the evidence Nos. 1 and 1, the defendant may recognize the fact that, on August 7, 2015, the defendant deposited the amount of KRW 2,949,695 with the plaintiff as the person who deposited the plaintiff as the person who deposited the plaintiff as the principal, the defendant's defense is reasonable.

2. In conclusion, the Plaintiff’s claim of this case is dismissed without any further need to be determined as to whether it was a fraudulent act.

arrow