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(영문) 인천지방법원 2021.01.26 2019가단254436
사해행위취소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 15, 2017, the Plaintiff drafted a transfer contract from D, E, and F to transfer all of the deposit money and other facilities (other) to KRW 100,000,000 for the business establishment located in Bupyeong-gu Incheon Metropolitan Government G5 (hereinafter “H”).

B. Around October 2017, the Plaintiff: (a) operated Defendant B and the foregoing businesses as a partnership business; (b) agreed that Defendant B stay in and run the said businesses (Article 4:1).

Accordingly, on October 26, 2017, the Plaintiff established a “J” and operated the said establishment on the ground that the Plaintiff was a business entity of I.

(c)

On April 16, 2018, Defendant B prepared and executed a deed of loan (hereinafter “instant consumption loan agreement”) with the purport of paying KRW 150,000,000 to the Plaintiff (interest rate of KRW 2.5%) and paying KRW 150,00,000 according to the said loan agreement, and on April 17, 2018, the promissory note and the bill of exchange with the intent of paying KRW 150,00,000 according to the said loan agreement to the Plaintiff and the bill of exchange therefor (No. 286, 2018).

(d)

On June 24, 2019, Defendant B completed the registration of ownership transfer on June 7, 2019 for the real estate stated in the separate sheet to Defendant C, who is a child, on June 24, 2019.

[Grounds for Recognition] Uncontentious Facts, Gap evidence No. 1-4, Eul evidence No. 1, the purport of the whole pleadings

2. Claim against the defendant B

A. The summary of the party's assertion asserts that the plaintiff should pay to the plaintiff 150,000,000 won and delayed damages in accordance with the consumption lending agreement of this case. Accordingly, the defendant B asserted that the defendant B should pay to the plaintiff the above loan certificate and the fair bill of exchange. ① The above loan certificate and the fair bill of exchange are invalid in the agreement of consumption lending and lending of this case in a document with the intent to ensure that the defendant does not dispose of the plaintiff's rights to facilities and operation of the business of this case. ② The business of this case was established and operated for the purpose of arranging commercial sex acts, etc., and the object and purpose of the investment of the plaintiff and B are to arrange commercial sex acts.

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