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(영문) 서울동부지방법원 2016.09.21 2016가단103591
사해행위취소
Text

1. Of the instant lawsuit, the remainder except No. 30 as indicated in [Attachment 1] No. 1 shall be dismissed.

2. This.

Reasons

1. Basic facts

A. The scope of joint and several sureties bonds held by the Komato Savings Bank Co., Ltd. (hereinafter “tomato Savings Bank”) against B is as shown in the attached Table 2 “Loan bonds held by the Komato Savings Bank against B.”

B. On September 6, 1983, the Komato Savings Bank was established, but on August 31, 2012, was declared bankrupt by Suwon District Court 201Hahap23, and on the same day, the Plaintiff was appointed as the trustee in bankruptcy of the Komato Savings Bank.

C. B made each gift on the wife’s attached Form 1 to the Defendant in excess of the obligation.

[Ground for recognition] Unsatisfy

2. The Plaintiff’s assertion B made each gift on the attached Form 1 “Gift 1,40,000, in total, 38 times from October 26, 2010 to June 1, 2015 to the Defendant, the wife, in excess of the debt owed by a large amount of joint and several liability obligations to the Komato Savings Bank.

Such gift constitutes a fraudulent act detrimental to the creditor, but among which, the defendant is presumed to have been used as living costs in view of its purpose, such as credit card payments, and sought a revocation of the gift contract with respect to KRW 143,400,000 (including KRW 216,400,000 - 73,000,000 - 73,000,000) excluding KRW 38,460,000 which was presumed to have been used as living costs, and KRW 73,000,00 which was remitted again to the bank account in B (including KRW 7,460,000, KRW 143,40,000, which was five years from the time of the filing of the lawsuit in this case). Since the defendant had already used and consumed the above KRW 143,40,00,00 and thus seeking compensation for damages equivalent to the above amount.

3. Determination

A. A lawsuit for revocation of a fraudulent act on the defense prior to the merits must be brought within one year from the date on which the obligee becomes aware of the grounds for revocation.

In full view of the evidence No. 3 and evidence Nos. 1 to No. 3 (including each number), C Co., Ltd. (hereinafter “C”) from October 8, 201, and D from July 18, 201, to Mamato Savings Bank.

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