logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.04.28 2019가단5025113
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion (formerly: Company E) is a broadcasting company that runs the business of broadcasting, etc., and the Plaintiff has the damage claim arising from embezzlement, etc. against D, who is the father of the Defendant (hereinafter “instant preserved claim”).

D On January 16, 2018, when insolvent, transferred each of the claims listed in the separate sheet to the defendant, which constitutes a fraudulent act against the plaintiff.

Since the intention of the defendant, who is the debtor D and the beneficiary, is recognized, the plaintiff seeks revocation of the transfer contract of the above claim between D and the defendant and restitution of the original status.

B. As to the existence of the preserved claim in this case, it is difficult to find that the Plaintiff had the preserved claim in this case against D solely based on the evidence submitted by the Plaintiff, and in full view of the entries and the purport of the entire pleadings in the evidence No. 3, in a lawsuit seeking performance of the preserved claim in this case filed by the Plaintiff against D, the judgment against the Plaintiff on July 19, 2019 (Seoul High Court 2018Na201595) was sentenced on July 27, 2019 on the ground that there was no preserved claim, and the above judgment is only the fact that the Supreme Court became final and conclusive on December 27, 2019 (Supreme Court 2019Da26157).

Therefore, the claim of this case seeking revocation of fraudulent act and restitution against the defendant on the premise that there is no claim for preservation of this case, is without merit, without examining the remaining points.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit.

arrow