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(영문) 서울고등법원 2018.11.29 2018나9243
사해행위취소 등
Text

1.The judgment of the first instance shall be modified as follows:

With respect to the real estate indicated in the attached list between the defendant and B.

Reasons

Basic Facts

On January 1, 2013, the Plaintiff, who is engaged in the business of supplying and selling subsidiary plants, entered into a special contract with C, which provides that the Plaintiff shall pay the remainder of the sales commission deducted from the sales commission, among the sales commission received from the E, to the E company, between C and C engaged in the business of selling and manufacturing soft beverages, etc.

According to the above special contract, C shall pay the price for the goods received from E Co., Ltd. at the end of the following month at the end of the end of the month, and at the end of the following month, C shall pay the price for the goods at the electronic bill, and at the end of the following month, C shall be able to terminate the contract immediately without any peremptory notice to the other party in the event

C, on May 21, 2015, upon receiving a request from the Plaintiff to request the provision of additional security, issued C’s general joint and several guarantee note to the Plaintiff.

On July 31, 2015, the Plaintiff notified the termination of the said special contract on the ground that C violated the obligation to pay the price under the said special contract, and C, on August 13, 2015, drafted an agreement with the Plaintiff on June 30, 2015, including the issuance date, issued and issued by C, the face value of which is 209,748,509, the maturity date of which is August 31, 2015, the electronic bill and the issuance date of which are August 4, 2015, the face value of which is 169,799,656, and the maturity date of which is September 30, 2015.

However, the foregoing electronic bill, which was on August 31, 2015, was disposed of as of September 1, 2015, and as of September 30, 2015, as of September 1, 2015, respectively, as of September 1, 2015.

The Plaintiff filed a lawsuit against B, a joint guarantor of C’s goods payment obligation, seeking payment of the outstanding bills of exchange, and “B” filed with the Plaintiff for KRW 379,548,165 and KRW 209,748,509 among them, from September 1, 2015, and KRW 169,79,656 from October 1, 2015 to December 24, 2015.

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