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(영문) 서울동부지방법원 2018.05.18 2017가단119142
사해행위취소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts following the facts do not conflict between the parties, or are recognized by considering the whole purport of the pleadings as a whole in the entries in Gap evidence 1, No. 3-1, No. 2, No. 4, and No. 9.

A. The plaintiffs are in de facto marital relationship.

Defendant C is the advice of Plaintiff A.

Defendant D is the husband of Defendant C.

B. Plaintiff A remitted KRW 10 million on February 14, 2017, KRW 5 million on February 17, 2017, KRW 5 million on February 17, 2017, KRW 50 million on February 22, 2017, KRW 55 million on total, KRW 5 million on February 15, 2017, KRW 25 million on February 15, 2017, KRW 35 million on February 22, 2017, and KRW 35 million on each Defendant C’s deposit account.

C. On March 8, 2017, Defendant C sold the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only real estate owned by it to Defendant D (hereinafter “instant sales contract”) and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the receipt of No. 32070 on March 14, 2017 by the Gyeyang Branch Branch of Suwon District Court.

2. Determination as to the claim against Defendant C

A. The Plaintiffs 1) asserted in Defendant C’s primary argument, Plaintiff A loaned KRW 10 million on February 14, 2017, KRW 5 million on February 17, 2017, KRW 50 million on February 22, 2017, KRW 55 million on the aggregate, and Plaintiff B lent KRW 25 million on February 15, 2017, KRW 35 million on February 22, 2017, and KRW 35 million on February 22, 2017, respectively.

Therefore, Defendant C is obligated to pay each of the Plaintiffs’ respective amounts of loans to the Plaintiffs.

B. Defendant C conspired, participated, or aided to commit a crime in which Nonparty C paid interest at a high rate and received money by means of money return, while Defendant C was aware of the fact that he/she could receive reimbursement from E in order to minimize his/her own damage, and accordingly, the Plaintiffs suffered damages equivalent to the amount remitted to each of the Plaintiffs.

Therefore, Defendant C is against the Plaintiffs.

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