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(영문) 서울중앙지방법원 2017.04.07 2016가단5002881
사해행위취소
Text

1. A contract of gift concluded on July 10, 2013 between B and the Defendant shall be revoked.

2. The defendant shall pay to the plaintiff KRW 100,000,000.

Reasons

1. Basic facts

A. On December 6, 2012, Dong Seo-gu Asset Management Loan Co., Ltd. (hereinafter “Dong Seo-gu Asset Management Loan”) filed an application for a payment order with the Seoul Central District Court 2012 tea91684 against B, who was the representative director of this company, a joint and several surety. The sum of principal and interest accrued as at December 5, 2012 was KRW 226,395,361 (i.e., the principal and interest accrued to the attempted principal + KRW 38,043,226 + interest KRW 18,352,135; hereinafter “instant bond”). On December 26, 2012, the said court received the application for Dong Seo-gu Asset Management Loan as is, and the said payment order became final and conclusive on January 19, 2013.

B. On January 27, 2014, the Plaintiff acquired the instant claim from the Eastwest Assets Management Loan, and the same year.

2. On August 18, 200, Dong Seo assets management loan was notified to C, a principal debtor, by content-certified mail, that the instant claim was transferred, and this notice reached C at that time.

C. Meanwhile, although B and the Defendant were legal couples who completed the marriage report on June 14, 1984, on April 15, 2013, B and the Defendant filed a report of divorce on April 15, 2013 (hereinafter “instant report of divorce”).

B, on July 1, 2013, after completing the instant divorce report, borrowed KRW 100 million from D Co., Ltd. (hereinafter “D”) affiliated companies, and thereafter, on July 10, 2013, D had D transfer KRW 100 million to the Defendant’s account as above, and deposited KRW 100 million to the Defendant’s account on the day (hereinafter “instant gift agreement”).

E. B had already been in insolvency on April 10, 2013, prior to the conclusion of the instant donation contract with the Defendant.

F. B applied for bankruptcy and exemption on July 21, 2015 by Seoul Rehabilitation Court Decision 2015Hadan6617, 2015Ma6617, but, on November 17, 2016, the Seoul Rehabilitation Court decided to discontinue the bankruptcy and to refuse to grant exemption. This decision became final and conclusive on December 3, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, 6, 9, and 9.

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