beta
(영문) 서울고등법원 2019.05.03 2018나2057408

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Article 2 of the judgment of the court of first instance

Reasons

1. Basic facts

A. On February 7, 2014, the Plaintiff’s LAD shall issue a promissory note with the KAD, with the face value of KRW 100 million, and the due date shall be October 31, 2014 and February 28, 2015 (the Promissory note with the maturity of February 28, 2015 shall not be known at any time, but shall be changed on November 30, 2014), and the payee shall be issued with the KAD with the maturity of the KAD, and according to the statement in subparagraph 15-8 of the FA, according to the date of establishment on the register, the date of establishment on the register shall be April 10, 2014.

On July 9, 2014, the F Co., Ltd. issued the F Co., Ltd. to the F Co., Ltd., and the F Co., Ltd. re-endorsed each of the said promissory notes to the Plaintiff (the Plaintiff, hereinafter referred to as the “Plaintiff”).

The plaintiff received each of the above promissory notes from the defendant who was a regular manager at the time of the FBBD, which was part of the outstanding accounts for aggregate payments in May 2014 and aggregate payments in June, which the plaintiff should receive from the FBBD.

However, each of the Promissory Notes was rejected due to the default on payment after each due date ( October 31, 2014 and December 2, 2014).

B. As of March 31, 2014, the Bank of Bankruptcy Co., Ltd. (hereinafter “the claim for the price of the instant goods”) may claim KRW 240,660,970 for the supply price of gravel, etc. against the Plaintiff as of March 31, 2014 (hereinafter “the claim for the price of the instant goods”).

(2) On October 29, 2014, the Plaintiff received the instant goods payment claim to the Plaintiff on April 1, 2014, by transferring the said goods payment claim to the Plaintiff, and by notifying the Plaintiff of the transfer of the said claim to the Plaintiff on or around April 7, 2014. (2) However, on October 24, 2014, the Plaintiff transferred the instant goods payment claim to the Defendant and notified the Plaintiff of the transfer of the said claim to the Plaintiff on October 29, 2014.

3. On March 21, 2016, the Defendant filed a lawsuit against the Plaintiff for the claim for the amount of transfer money as Seoul Northern District Court 2016Gahap21258, and the Plaintiff appealed, but the judgment dismissing the appeal was rendered on August 25, 2017, but the said judgment became final and conclusive by withdrawing the final appeal on November 24, 2017.

C. The Bank of Korea H.