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(영문) 서울고등법원 2020.09.25 2020나2002739

사해행위취소

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All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) Plaintiff A Co., Ltd. (hereinafter referred to as “Co., Ltd.”) omit all the indication of “Co., Ltd.

(2) The Defendant C is a company that engages in the so-called “P2P credit business” in the manner of receiving investment from a large number of small-sum investors and distributing repaid profits to investors, and Defendant D is a company that exports and imports clothes and engages in wholesale and retail business. The Plaintiff B is a company that engages in the manufacturing and trade business of clothing.

3) E is a company that engages in wholesale, retail, manufacturing, etc. of consumer products. (b) The relationship between the Plaintiffs, Defendants, and E is one between the Plaintiffs, and Plaintiff A, from March 2016 to October 2017, to supply clothing products equivalent to KRW 2,309,246,904 to E and sell them through home shopping, etc., and the amount of KRW 281,936,520, out of the product price and sales commission was not received from E.

2) From around 2015 to around 2017, Plaintiff B supplied clothing products to E and sold them through home shopping, etc., Defendant D supplied 39,760,000 won out of the goods price and sales commission. 3) From July 1, 2016 to January 2018, Defendant D supplied clothing products to E and sold them through home shopping, etc., and as of January 2018, Defendant D did not receive KRW 430,398,470 from E.

4) Defendant C lent to E KRW 150 million on August 22, 2017, KRW 150 million, KRW 150 million on August 28, 2017, KRW 150 million on September 26, 2017, KRW 110 million on September 26, 2017, KRW 90 million on October 25, 2017, KRW 123,589, and KRW 479 on February 2018, Defendant C sold products, such as clothes, supplied by the Plaintiffs and business partners, including Defendant D through G and F. At the time of January 2018, KRW 367,3747, KRW 777, KRW 378, KRW 179, KRW 479 on July 27, 2017.