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(영문) 대법원 2016.01.28 2015다57980

물품대금 등

Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment below as to the ground of appeal No. 1, the court below acknowledged facts as stated in its reasoning based on its adopted evidence, and, on the grounds stated in its reasoning, it did not recognize that Defendant B actively deceives the Plaintiff as to its intent and ability to pay the price, or violated the obligation to notify the Plaintiff as to its own ability, thereby allowing the Plaintiff to supply goods to A.., and even if Defendant H anticipated that each of the instant promissory notes issued by G Co., Ltd in collusion with Defendant B and endorsed by A would be refused to pay, it was not recognized that the Plaintiff would have caused the Plaintiff to supply goods to A.

In addition, Defendant H determined that it is difficult to view the act of Defendant H’s participation in the reduction of liability assets of G corporation as a claim infringement against the Plaintiff constituting a separate tort.

In light of the records, the judgment of the court below is just and acceptable, and there is no error of failing to exhaust all necessary deliberations or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. According to the reasoning of the lower judgment as to the ground of appeal No. 2, the lower court acknowledged the facts as indicated in its reasoning based on its adopted evidence, and, on the grounds stated in its reasoning, determined that the Defendant-defensed agricultural cooperative did not know that the instant sales contract concluded with G Co., Ltd. and Defendant H was a fraudulent act that reduces the creditors’ joint security at the time of concluding the instant mortgage contract with Defendant-H.

In light of the relevant legal principles and records, the judgment of the court below is just and acceptable, and there is a violation of the legal principles as to the recognition of a subsequent purchaser's good faith in a revocation suit.