사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court's explanation concerning this case is as follows, and the defendant's repeated argument is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment, which is identical to that of the judgment of the court of first instance. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
The text of the first instance judgment states, “The price of KRW 494,291,01 above shall be fully repaid until August 9, 2013,” from the 20th parallels to the 21st parallels, “The price of KRW 49,429,101 above shall be repaid until August 9, 2013, 49,429,101 won until June 222, 2013, 44,861,910 shall be repaid until August 9, 2013.”
2. Determination on addition
가. 피고의 주장 요지 1) 피고는 B과 2013. 6. 17. 체결한 C 댁내시스템 댁내장비(KT용) 물품공급계약(이하 ‘이 사건 물품공급계약’이라 한다
(B) On July 16, 2013, the instant security agreement entered into between the Plaintiff and the Plaintiff supplied the goods to B under the instant security agreement, and B provides the said goods to the Defendant and the Defendant’s Titch (hereinafter referred to as “Witch”).
Since B’s assets increase after delivery to B and receiving the price of the goods, it cannot be deemed that B disposed of the goods as collateral under the instant security agreement and thus, the instant security agreement does not constitute a fraudulent act. Therefore, even if the instant security agreement is revoked as it constitutes a fraudulent act, it is possible to return original assets through the change of name, as the object of the instant security agreement entered into in the notarial deed (Evidence No. 2) is transferred only in the name, since M2M collection server (Attached No. 1 through 14), among the object of the instant security agreement entered in the notarial deed (Evidence No. 2) is located in TPPC, and thus, it is possible to return original assets through the change of name, and ② gold-type (Attached No. 15 through 19) is not owned by B, and thus, it is not subject to the establishment of security from the beginning, and ③ the inventory of the finished goods (Attached No. 20) may be returned as alternative goods, and ④ the same patent right (attached Table No. 21, 2221.2).