beta
(영문) 대구고등법원 2016.06.22 2016나20047

사해행위취소 등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the court’s explanation concerning this case are as follows, and the defendant’s argument at the trial are as stated in the reasoning of the judgment at the trial at the trial at the trial at the court of first instance, except for adding the judgment as described in paragraph 2 below, and thus, it is acceptable to accept it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 3rd Note 2 of the judgment of the first instance court shall be deemed to be an advance payment, and the 3rd Note 2 of the judgment of the first instance court shall be deemed to be an “Advance payment”, and the 3rd Note 2

D. B. Reference Industry hereinafter referred to as “B”.

the first instance court's decision "the contract advance payment" in the fourth sentence of the first instance court's decision shall be deemed "the contract advance payment".

2. Additional determination

A. Defendant’s assertion 1) The Defendant is Daelim Industry Co., Ltd. (hereinafter “Molim Industry”).

(3) Of the construction works of the Pacific Power Plant No. 9 and 10, some of the construction works, such as boiler manufacture (hereinafter “instant construction works”).

In order to be supplied with steel materials necessary, the KFG industry, Inc. (hereinafter referred to as “KV industry”).

between the parties to a contract for the purchase of steel materials (hereinafter referred to as “instant purchase contract”).

(2) The court below concluded a contract with the Defendant to first pay the progress payment on the goods confirmed by the Defendant and the Daelim Industry supervisor when the raw materials were stored in the KB industry by modifying the terms of payment for the progress payment under the purchase agreement of this case at the request of the KB industry since the mid-2013 when the KB industry had omitted financial resources (hereinafter “instant progress payment agreement”) (hereinafter “instant progress payment agreement”).

In this case, since the Defendant entered into a comprehensive agreement to acquire ownership by means of possession amendment with respect to the goods for which progress payment was paid in accordance with the special agreement for progress payment in this case, there is progress payment for the goods which entered the KB industry and underwent the confirmation of the Defendant and the GG industry.