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(영문) 춘천지방법원원주지원 2020.02.13 2018가합387
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 amounting to KRW 278,330,069 against C (hereinafter “instant claim”).

However, on March 12, 2018, C concluded a contract for the assignment of claims to the Defendant, his wife, and notified it to the original state branch of the Chuncheon District Court.

Therefore, the above assignment contract should be revoked as it constitutes a fraudulent act.

2. In a civil trial on the determination of the existence of a preserved claim, even though it is not bound by the facts established in the judgment on other civil cases, etc., the facts which have been established in the established civil case shall be significant evidence unless there are special circumstances, and it shall not be rejected without a reasonable reasoning.

(2) According to the reasoning of the judgment below, the Plaintiff’s claim is dismissed on October 30, 2019, since the agreement between the Plaintiff and C as of October 2018, as of October 2018, 2019, the agreement between the Plaintiff and C is deemed to undermine the fairness of bidding, and thus is null and void as it constitutes a juristic act in anti-social order, and the above judgment becomes final and conclusive on October 30, 2019.

Therefore, since the plaintiff's claim for the rescission of this case, which is the preserved claim, is not recognized, the plaintiff's claim for the rescission of fraudulent act is without merit without further review.

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

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