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(영문) 부산지방법원 2018.12.20 2018가단309039

사해행위취소

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1. The plaintiffs' primary part of the lawsuit of this case is dismissed.

2. The plaintiffs' conjunctive measures against the defendants.

Reasons

1. Basic facts

A. The Deceased who operated G (type of business: manufacture; hereinafter “H”) and the Defendant C’s supply contract 1) The Deceased who operated G

(1) The supply contract with Defendant C (hereinafter “instant contract”) is entered into between the prime unit, etc.

(2) Defendant C did not pay 43,113,550 won (hereinafter “the instant price for goods”) according to the instant contract to the deceased or the Plaintiffs at present until July 4, 2011.

B. The deceased’s death and the deceased’s property deceased on September 15, 2011. The deceased’s property inherited according to the statutory inheritance portion (Plaintiff A3/5, Plaintiff B2/5) by the Plaintiff and the deceased, who are the spouse of the deceased.

C. The closure of Defendant C’s business and the opening of Defendant D’s E business (hereinafter “E”) discontinued around March 31, 201, Defendant C discontinued with H. (2) On the other hand, Defendant D opened the business as “YYI” at the location of the place of business on June 14, 2011, and “E” (hereinafter “E”).

Defendant C was granted immunity (hereinafter “instant immunity”) on November 20, 2015 at the Busan District Court Decision 2015Da588, Busan District Court Decision 2015Hadan588 (hereinafter “instant immunity case”), and the instant immunity became final and conclusive around that time. The instant immunity was included in the list of creditors of the instant immunity case in the claim for the purchase of the instant goods (Plaintiff A: 26,300,000, Plaintiff B17,530,000) against the Plaintiffs.

E. 1) The Plaintiffs asserted that Defendant D was “the party to the instant contract,” and that Defendant D was “the party to the instant contract,” and filed a claim for the payment of the price of the instant goods with the Busan District Court Decision 2015No4166 (hereinafter “instant lawsuit”).

A. On January 14, 2016, the above court filed the instant contract by Defendant D.