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(영문) 대구고등법원 2017.08.16 2016나25608

사해행위취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff, a company engaged in salt processing business, supplied each fiber complete product listed in the separate sheet (hereinafter referred to as “each of the instant fiber products”) and C2,00 c2,00 knife with salt processing business to B by October 31, 2014, for which delivery was requested by B (hereinafter referred to as “B”).

B. As of October 31, 2014, there were claims against the Plaintiff regarding the price for the supply of textile products of this case 9,195,227 won (including value-added tax) and C2,000 ch2,845 won (including value-added tax), total of KRW 100,023,072 (= KRW 99,195,227 KRW 827,845).

(hereinafter “instant goods payment claim”). C.

The Defendant supplied the textile products of this case from B, and exported the beneficiary of the letter of credit issued by Co., Ltd. (hereinafter “the letter of credit of this case”) (hereinafter “the letter of credit of this case”) to the Defendant in a manner designated as the Defendant. On October 27, 2014, the Defendant received US$ 105,151.3 (the standard of KRW 110,35,259, exchange rate of KRW 1049,000) as the export price of each of the textile products of this case (the export price of each of the textile products of this case).

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 6 (including a provisional number; hereinafter the same shall apply), Eul evidence 10 to 13, Eul's witness I's partial testimony, the purport of the whole pleadings

2. The assertion and judgment

A. On October 16, 2014, where the Plaintiff’s assertion B made payment to the Defendant on October 16, 2014 in lieu of the beneficiary of the letter of credit of each of the instant textile products in the manner designated as the Defendant constitutes a fraudulent act detrimental to the general creditor, and thus, it should be revoked. The Defendant should pay the Plaintiff KRW 100,023,072 equivalent to the amount of the Plaintiff’s claim for the price of the instant textile products against B

B. Determination 1: (a) on October 31, 2014, the Plaintiff supplied each of the instant textile products, etc. to B; or (b) completed dyeing process; and (c) around that time, the Plaintiff’s establishment of the preserved claim against B.