사해행위취소
1. Revocation of the first instance judgment.
2. A B between the Defendant and A, which was concluded on August 30, 2013, against the Defendant.
1. The Plaintiff, from around 2010 to around 2010, continuously supplied steel products, etc. to D (hereinafter “D”) with a joint and several surety under A’s joint and several surety, thereby having reached KRW 466,773,02 in total as of August 30, 2013.
A around April 2012, B and B entered into a lease agreement with the Defendant on August 30, 2012, stating that “A shall have the right to return the instant deposit to the Defendant” (hereinafter referred to as “the instant deposit”) and “A shall have the right to return the instant deposit to the Defendant on April 20, 2012, from April 2012 to April 20, and accordingly, paid KRW 390 million to B, but was refunded KRW 39 million out of the lease deposit (hereinafter referred to as “the instant deposit”). On August 19, 2013, A and B notified the Defendant and “A shall transfer the instant deposit to the Defendant on August 30, 2013” (hereinafter referred to as “transfer of the instant claim”).
And D disposed of all steel materials in the factory due to a business failure, and closed the business during October 2013.
[Reasons for Recognition] No dispute, Gap evidence Nos. 1 through 4, 6, 12 (including numbers; hereinafter the same shall apply), Eul evidence Nos. 4, 5, and 6, and the purport of the whole pleadings
2. Revocation of the transfer of claim in this case
A. The Plaintiff asserts that the instant claim assignment constitutes a fraudulent act detrimental to the Plaintiff, which is a joint and several surety for the Plaintiff, and thus, the instant claim assignment should be revoked inasmuch as the Plaintiff transferred the instant claim to the Defendant for the purpose of having the Defendant repaid in preference to other obligees in excess of the obligation.
Accordingly, the defendant, as the representative of AD, entered into a contract for goods supply with the defendant in order to ensure that D can continue to be supplied with additional steel products as the defendant.