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(영문) 춘천지방법원원주지원 2015.07.16 2015가단1610
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion holds a claim for the refund of the advance payment of KRW 22,99,200 for ethyl ethyl Co., Ltd. (hereinafter “ethyl ethyl”).

On December 18, 2014, at the time of the failure to pay the said advance payment, ethyl transferred the cargo vehicles listed in the attached list (hereinafter “instant cargo vehicles”) to the Defendant, and completed the ownership transfer registration on the instant cargo vehicles in the name of the Defendant.

The above transfer constitutes a fraudulent act detrimental to the plaintiff, who is a creditor, and thus, seeks the cancellation of the transfer registration procedure under the name of the defendant as to the freight of this case and the restoration to its original state.

2. It is insufficient to recognize that the act of transferring the instant cargo vehicle to the Defendant solely on the basis of the evidence Nos. 1 and 2 as constituting a fraudulent act against the Plaintiff, and there is no other evidence to acknowledge otherwise.

Rather, in full view of the statements in Eul evidence Nos. 1 through 6 and the fact-finding results of this court's Hyundai Social Co., Ltd., the defendant obtained a loan of 120 million won from Hyundai Social Co., Ltd. to purchase the freight of this case, and the defendant appears to have repaid the above loan, and thus, it cannot be said that the defendant had an intention to harm.

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

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