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Reasons
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(영문) 인천지방법원 2018.04.18 2017가단24488
사해행위취소등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 13, 2013, the Plaintiff concluded a motor vehicle lease agreement (hereinafter “instant lease agreement”) with C (hereinafter “C”) with the medical corporation C (hereinafter “C”) on December 13, 2013, setting the lease term of 60 months, monthly lease fee of 1,335,00 won (1~59), and 1,365,506 won (60). On the same day, the Plaintiff concluded a joint and several surety agreement with B (hereinafter “joint and several surety agreement”).

B. From July 2016, C delayed the payment of monthly rent under the instant lease agreement.

Accordingly, on December 30, 2016, the Plaintiff terminated the instant lease agreement on the grounds of delinquency in lease fees.

C. On September 12, 2016, the Plaintiff received a payment order with the purport that “C and B jointly pay to the Plaintiff 57,081,372 won and the amount calculated by the rate of 19% per annum from August 20, 2016 to the date of complete payment,” which was filed against C and B, and the above payment order was finalized at that time.

On June 29, 2017, the Plaintiff sold the foregoing leased vehicle and recovered some of the money. Accordingly, the Plaintiff’s claim against C and B became KRW 16,229,94 as of July 13, 2017 ( principal KRW 16,112,52, overdue interest KRW 117,422).

B On November 6, 2014, the Defendant, the ASEAN, entered into a contract to donate the instant real estate worth KRW 245,000,000 at the market price (hereinafter “instant donation contract”) and completed the registration of transfer of ownership on December 29, 2014.

On July 30, 2016, the Defendant cancelled the registration of creation of a neighboring mortgage (Korean Investment Savings Bank Co., Ltd.) of the maximum debt amount of KRW 120,000,000 on June 30, 201, and the registration of creation of a neighboring mortgage amount of KRW 100,000,000 on June 13, 2014, respectively.

[Ground of recognition] Each entry, pleading, and evidence Nos. 1 through 7, 11 through 14.

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