beta
(영문) 서울중앙지방법원 2015.05.28 2014가단192488

사해행위취소

Text

1. Claim Nos. 1 and 2 in the separate sheet between the defendant and the stock company, respectively, as of March 20, 2014.

Reasons

1. Basic facts

A. B (hereinafter “Nonindicted Company”) supplied cement with the Plaintiff, and issued approximately KRW 4.23 billion of the unpaid cement price from October 2013 to February 2014, 2014, a total of 8 bills (a total of KRW 4.76 million) in the name of representative director C in order to pay approximately 5.5 million of the unpaid cement price.

B. On March 17, 2014, a non-party company was unable to pay a bill of exchange (an amount of KRW 5.3 million, the due date, March 15, 2014), the highest maturity of which was due, and the Plaintiff lent 2.3 million won to the non-party company on March 18, 2014 to the non-party company to pay the bill of exchange in the amount.

However, on April 3, 2014, the non-party company was unable to pay a bill that became due and due, and the remaining bills have not been paid continuously.

Accordingly, the amount of debt that the non-party company has not paid to the plaintiff was about KRW 4.23 million in total of the above amount of each bill of exchange, KRW 1.322 million in total of the unpaid amount of goods, and KRW 5.78 million in total of KRW 2.3 billion in borrowed money.

C. On March 20, 2014, Nonparty Company transferred each of the claims listed in the separate sheet to the Defendant, a creditor, as a debt reimbursement protocol.

Then, on March 31, 2014, the non-party company sold 1510 units of building in Gangnam-gu Seoul, the only real estate to the third party.

Since then, the defendant received 41,244,000 won, which is the amount of credit, from the debtor E of the bond in attached Table 2.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 1 through 4 (including each number), the purport of the whole pleadings

2. Determination:

A. (1) The act of a debtor in excess of his/her obligation is, in principle, different from the act of transferring other claims and active properties to some of the creditors, which are not the original purpose of the obligation in relation to the performance of the obligation.