사해행위취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning stated by the court in this part is as follows, except for the following parts, the part of “1. Basic Facts” is the same as the part of “1. Basic Facts” in Part 8 through 4 of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
An abbreviationd name established in the judgment of the first instance is also used below the same.
[Supplementary part] Part 3, 9, and 10 of the judgment of the court of first instance shall be subject to the "attached Form 9" of the judgment of the court of first instance as the "Construction of Machines and Equipment during the L business."
On the third side of the judgment of the first instance, the second sentence "as to the second sentence" shall be added to " as well as "A".
2. Determination on the cause of the claim
A. The gist of the Plaintiffs’ assertion lies in the amount of KRW 375,653,315 worth of KRW 375,653,315 against I. On December 9, 2017, in collusion with the Defendants by lending the form of direct payment agreement under the status of excess of obligations, the Plaintiffs concluded a contract to transfer the amount equivalent to KRW 198,00,000 out of the unpaid construction price claims against K, such as the attached Table, to Defendant F, KRW 44,00,000, which is equivalent to KRW 75,90,000, to Defendant G.
Each of the above assignment contracts constitutes a fraudulent act that reduces the joint security of ordinary creditors, including the plaintiffs. Accordingly, the plaintiffs seek revocation of each assignment contract and restitution from the defendants by exercising the right of revocation.
B. As seen earlier, I agreed with K on December 9, 2017, and on the instant settlement agreement with the Defendants on the same day, and on the same day, K’s payment was based on the said settlement agreement.
The fact that each of the instant forms of written consent to the payment, such as the statement in the subsection, is recognized.
However, if K directly pays the unpaid construction cost to the Defendants, only with the above facts of recognition, it shall be unpaid to the Defendants of I as well as to K with the payment of the construction cost and the goods cost.