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(영문) 의정부지방법원고양지원 2016.04.01 2015가단19462
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion C borrowed the cost of housing extension from D, and issued Promissory Notes with D as the payee (in total, 2 copies of the Promissory Notes with face value of KRW 15 million and KRW 5 million per face value). The Plaintiff was endorsed and transferred two copies of the Promissory Notes from D.

Accordingly, the Plaintiff has a promissory note claim amounting to KRW 20 million and damages for delay against the issuer C.

(Seoul Central District Court 2014Na38424). The defendant is the spouse of C, and the lending of money for the extension of his/her residence is a legal act related to daily home affairs, so the defendant is jointly and severally liable to pay the money equivalent to the claim for promissory notes to C pursuant to Article 832 of the Civil Act.

2. The Plaintiff, who received a promissory note by endorsement and transfer, in accordance with the underlying relationship with D, is not only insufficient grounds for asserting the underlying relationship between D and C, and the evidence submitted by the Plaintiff is examined closely, but it is insufficient to recognize the underlying relationship between D and C as a juristic act concerning daily home affairs, even if the evidence submitted by the Plaintiff was examined closely (in excess of the circumstance that the Defendant and C failed to report the place of residence or failed to do so, beyond the circumstance that C

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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