사해행위취소 등
1. Revocation of the first instance judgment.
2. B. Each of the dates of sale and purchase listed in the separate sheet signed by Company B with the Defendant.
1. The summary of the case and the facts premised on the case
A. The summary of the case pertains to the Plaintiff’s claim for the payment of the purchase price at KRW 1,121,295,472 and damages for delay from the day after the judgment became final and conclusive, by asserting that the steel product sales contract that B entered into with the Defendant, in order to preserve the claim for the purchase price of goods against the Defendant, constitutes a fraudulent act.
The first instance judgment dismissed all of the Plaintiff’s claim on the ground that the Defendant, a beneficiary, was unaware of the fact that the sales contract that the Defendant entered into with B, a debtor, was detrimental to the obligee B, and the Plaintiff appealed against this.
(B) The Plaintiff sought reimbursement of KRW 1,121,295,472, which is equivalent to the purchase price, from the first instance court, to the Defendant following the cancellation of the purchase and sale contract, and the Defendant sought reimbursement of KRW 1,440,080,734, which is the value of steel materials, around the time when the purchase and sale contract was entered into, and subsequently, sought reimbursement of KRW 1,440,080,734, which is the value of steel materials.
【Evidence of Facts 【Evidence 【10, A27-33, A64, A66-1, 2, 3, 4, A67-1, 2, 3, 4, 7, and 43 of a witness, and the purport of the entire testimony and arguments of a witness C, one of the parties, the Defendant, and B are both the companies whose purpose is to sell steel materials.
The Plaintiff and B entered into a goods supply contract around September 2009 on the Plaintiff’s purchase price claim for the Plaintiff B, and accordingly, the Plaintiff supplied H-type and broken-down steel equivalent to KRW 4,728,492,930 in total from September 28, 2009 to April 13, 2010.
However, B paid only KRW 2,657,110,385 out of the price of goods to the Plaintiff, and did not pay KRW 2,211,382,545 ( KRW 4,728,492,930, KRW 2,657,10,385).
On January 19, 201, the plaintiff filed a claim against B for the purchase of goods with the Daejeon District Court.