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(영문) 의정부지방법원 2019.03.28 2018가단108551

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim against D entered into a contract with D for the manufacture and supply of chairers and subcontractors on July 2014, and D supplied goods on October 2014, and there were defects in the goods. As such, D had undergone the process of repairing and re-supply of defects until January 2015, but the defects were not completely repaired, and thus, the Plaintiff suffered damages.

Accordingly, on April 3, 2015, the Plaintiff filed a lawsuit against D for damages with the District Court Decision 2015Da11618, Apr. 20, 2017. On April 20, 2017, the said court rendered a judgment that “D shall pay to the Plaintiff an annual amount of KRW 62,129,00 and KRW 3,110,000 from July 8, 2014; KRW 22,540,00 from October 1, 2014; KRW 6,600,000 from January 13, 2015; and KRW 6% from April 20, 2017; and KRW 15% from the following day to the date of full payment.”

The above judgment became final and conclusive around that time.

B. On June 30, 2016, D’s disposal disposition D entered into a sales contract with the Defendant to sell each of the real estate listed in paragraph (1) of the attached Table Nos. 2 and paragraph (3) of the attached Table Nos. 2 and 650 million won as stated in the attached Table Nos. 2 and (3) (hereinafter “instant sales contract”) and completed the registration of ownership transfer for each of the real estate listed in the attached Table Nos. 2 and 3 of the attached Table to the Defendant on August 26, 2016 (hereinafter “each of the instant real estate”).

C. D’s insolvent, around June 30, 2016, did not own any property other than each of the instant real estate, and was in excess of debt.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1, 2 and 4, and the result of an order to submit tax information to the mayor of the Republic of Korea and the director of the tax office for submission of each tax information, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that D’s compulsory execution on each of the instant real estate in excess of its obligation is enforced.