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(영문) 창원지방법원통영지원 2016.10.20 2015가단372

사해행위취소

Text

1. Each sales contract concluded on November 13, 2014 between the defendant and C (D) with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On May 18, 2006, the Plaintiff: (a) between E and E on May 18, 2006, the Plaintiff supplied E with the mixed feed for fish; and (b) the settlement of the price is a supply contract for fish mixing feed for fish use with the savings account designated by the Plaintiff at the end of the following month (hereinafter “instant supply contract”).

(2) On May 19, 2006, C concluded a joint and several guarantee without setting the guarantee limit or guarantee period for E’s payment obligation under the instant supply contract.

(B) Under the instant supply contract, the Plaintiff supplied E with the mixed feed for fish until October 5, 2012 according to the instant supply contract, and settled the unpaid feed amount of KRW 73,359,000 with E on October 5, 2012. (4) The Plaintiff received 10,000,000,000 from E around September 17, 2013, and KRW 10,50,000,000 from 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000 won and KRW 2,50,000,000,000,000).

6) C appealed as to the above judgment of the first instance court as the Changwon District Court 2014Na13086, but, on January 12, 2016, C was sentenced to dismissal of an appeal on the said judgment. However, C appealed appealed as Supreme Court Decision 2016Da6668 regarding the said judgment of the appellate court, but was sentenced to a judgment dismissing the appeal on May 27, 2016.

B. The debtor and the defendant's legal act 1C shall be supported with respect to each real estate listed in the separate sheet.