logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.12.05 2019나2028568
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are all borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. The reasons for the court’s reasoning on this part of the facts are as stated in the text of Article 420 of the Civil Procedure Act, except for the case where “the order division” of the first instance judgment is modified to “the above purport of claim”, since it is identical to that of the second to third to twenty-one, the second to third is identical to that of the first instance judgment.

2. Summary of the Plaintiff’s assertion of the cause of the claim

A. A, upon entering into the instant sales contract with the Defendant, appropriated the amount equivalent to KRW 2.26 billion for the repayment of the borrowed amount of KRW 2.2 billion as of August 24, 2017 (2.60 million out of the borrowed amount of KRW 50 million as of July 12, 2017), which was owed by the Defendant to the Defendant (i.e., the Defendant) constitutes a biased act contrary to the equity between other rehabilitation creditors and the Defendant, and (ii) A was aware of the fact that its act would prejudice the rehabilitation creditors, etc. by its own act.

Therefore, the instant sales contract is an intentional act [the act of causing damage to a rehabilitation creditor or a rehabilitation secured creditor] under Article 100(1)1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) (1) for the debtor’s property after the commencement of rehabilitation procedures. The custodian may deny any of the following acts for the debtor’s property. 1. The act of causing damage to a rehabilitation creditor or a rehabilitation secured creditor by the debtor is an act of causing damage to a rehabilitation creditor or a rehabilitation secured creditor: Provided, That the same shall not apply where a person who receives any benefit therefrom was unaware of the fact that the said act

B. The instant sales contract was concluded as a substitute payment for the debt that A owes to the Defendant. Since A and the Defendant did not have concluded an agreement on payment in kind from the Defendant at the time of borrowing the above loan, the said method does not belong to A’s obligations, and Article 100(1)3 of the Debtor Rehabilitation Act (a) of the same Act is an act that does not belong to A’s obligations. (b) The custodian following the commencement of the rehabilitation procedure.

arrow