사해행위취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, the Defendant, and the Plaintiff Company B (hereinafter “B”) are both companies aimed at selling steel products.
B. The Plaintiff’s claim against B entered into a goods supply contract with B on September 2009 and supplied steel products equivalent to KRW 4,728,492,930 from September 2009 to April 2010. The Plaintiff received KRW 2,657,110,385 out of the price of the said goods from B and did not receive KRW 2,211,382,545 ( KRW 4,728,492,930, KRW 2,657,110,385).
Accordingly, on January 19, 2011, the Plaintiff filed a lawsuit against B for the claim for the purchase of goods with the Daejeon District Court Branch Decision 201Gahap255, and rendered a favorable judgment of KRW 2,211,382,545, which is the total amount of the claim for the purchase of goods, on April 8, 2011, and the said judgment became final and conclusive around that time.
C. B’s disposal act and B sold steel products purchased from many business partners, including the Plaintiff, to the Defendant, etc., and in March through April 2010, the Defendant sold steel products with each purchase price as indicated in the separate sheet (hereinafter “each of the instant sales contract”) and sold them to the Defendant in total at KRW 1,121,295,472 (including value added tax). The sold steel products were sold at a lower price than that purchased from the Plaintiff that most of them were supplied by the Plaintiff.
[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 10, 27 through 33, 64, 66, 67 (including serial numbers; hereinafter the same shall apply), Eul's evidence Nos. 7 and 43, Eul's testimony, and the purport of the whole pleadings
2. Judgment on the defendant's main defense
A. As to the Plaintiff’s lawsuit in this case, the Defendant, on August 27, 201, known that the Plaintiff committed a fraudulent act detrimental to the general creditor by selling each of the instant sales around August 27, 2010, upon receipt of a written confirmation of the repayment of the balance of the debt No. 7 from the obligor B, and thus, one year thereafter passed. < Amended by Act No. 11100, Dec. 12, 2011>