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(영문) 광주지방법원 2015.01.22 2013가합56329

사해행위취소

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1. Attached Form between the Defendant (Counterclaim Plaintiff) and Korea U.S.C.;

1. On January 1, 2013, regarding corporeal movables entered in the list.

Reasons

1. Basic facts

A. The status of the parties is a company that aims at the sales business of steel products. The defendant is a company that engages in the export and import business of steel, machinery, etc., and wholesale and retail business. The defendant is a company that engages in the manufacturing business of steel products, wholesale and retail business, etc. (hereinafter "small and medium company") is a company that engages in the manufacturing business of steel products, wholesale and retail business, and gold parts manufacturing business.

B. On October 7, 2009, the Plaintiff entered into a contract for the supply of steel products, etc. with the non-party company and commenced the transaction of goods.

(2) On August 3, 2013, the non-party company loaned a promissory note from the Plaintiff on its face value of KRW 150,018,00, and the due date of November 19, 2013, and repaid the amount of the existing promissory note paid in lieu of the price for the goods to the Plaintiff at the discount. As a security, on August 12, 2013, the non-party company issued two copies of the promissory note with face value of KRW 135,016,200 and KRW 15,01,80 (on November 15, 2013) to the Plaintiff.

(3) However, two promissory notes in the face value of KRW 135,016,20 and KRW 15,001,80 issued by the non-party company were disposed of due to the shortage of deposits on November 15, 2013. Ultimately, the non-party company was liable to pay the Plaintiff the amount of KRW 150,018,00 ( KRW 135,016,200) to the non-party company.

C. (1) The non-party company and the Defendant, on November 15, 2013, at the market price of November 15, 2013, including the conclusion of the instant sales contract, are the non-party company’s property equivalent to KRW 304,914,128.

1. A contract for the transfer or acquisition of corporeal movables entered in the list (hereinafter “the instant corporeal movables”) to the Defendant was concluded, and accordingly, the Nonparty Company transferred the instant corporeal movables to the Defendant.

If the non-party company supplies the goods to the non-party company (won) on October 31, 2013, the non-party company supplied the goods to the non-party company (won) on November 6, 2013. 80,292,300 on November 13, 2013. < Amended by Presidential Decree No. 2429, Nov. 14, 2013>