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(영문) 의정부지방법원 2018.10.19 2018가단100885
사해행위취소
Text

1. As between the Defendant and B,

(a) 20,000,000 won concluded on January 24, 2017:

(b) KRW 20,00,000, concluded on February 6, 2017;

Reasons

1. The Plaintiff guaranteed on April 17, 2014 the guaranteed amount of KRW 99,00,013 by the obligor B with respect to a loan from the Korea Cmat Bank, and subrogated for KRW 85,894,013 to the Korea Cmat Bank. Under the status of excess by B, D Apartment 102, 410, old-si, Gui-si, owned by the obligor C, sold the purchase price of KRW 24,00,000,000 on January 24, 2017, and KRW 20,000,000 on February 6, 2017, and KRW 25,000,000 on March 27, 2017, and each donation made to the Defendant, each of the above donations made to the Defendant, the status of excess of the obligation owed to the Defendant, constitutes a fraudulent act, as a result of the above recognition.

Therefore, each of the above donations made to the defendant B shall be revoked.

Furthermore, since the object B, which was donated to the Defendant, is impossible or considerably difficult to return the original object in money, the Plaintiff may seek compensation for the amount equivalent to each of the above donations from the Defendant instead of returning the original object.

Therefore, the defendant is obligated to pay to the plaintiff 65,00,000 won plus all of the above donations as compensation for the value following the revocation of fraudulent act and damages for delay calculated by the rate of 5% per annum under the Civil Act from the day following the day when this judgment becomes final and conclusive to the day of full payment.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's primary claim is justified.

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