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(영문) 서울중앙지방법원 2017.07.05 2016가합517248
사해행위취소
Text

1. A sales contract concluded on November 27, 2015 with regard to each real estate listed in the separate sheet between the defendant and B is 293,636.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaging in the manufacturing, importing, and selling of steel products; and C (hereinafter “C”) engaging in the business of transportation brokerage, loading, unloading, and logistics storage of steel products on April 28, 2014.

B) The representative director of C from January 27, 2003 to November 19, 2015, who was the former representative director of C, with the content of loading and unloading of imported steel products, storage and transportation of bonded warehouses.

B. B’s occupational embezzlement 1) around June 10, 2014, D, etc., the managing director of C, and C, who were entrusted by their owners, arbitrarily disposed of steel materials, and intended to use them as operating funds of C or to use them for repurchase of steel materials for which inventory shortage occurred due to voluntary sale. From January 2014 to January 2016, the Seoul High Court (Seoul High Court) was charged with the storage of approximately 405,54,351k of steel materials from 78 companies, including the Plaintiff, to 405,54,51k and then embezzled the proceeds from sale by selling them at will from June 10, 2014 to December 10, 2015 (B) by being charged with approximately 8,827,194k of steel materials, which were part of them, and by receiving the proceeds from sale from sale at will by a prosecutor and the Defendant, who had been sentenced to imprisonment with labor for 2016 to 2016.

(2) The Plaintiff entrusted C with the custody of the beam beamline from February 2014 to December 2015, 2015. As a result of the Plaintiff’s examination of the transfer of the beam beamline in the custody of C, the Plaintiff was suffering from the 5,180,000 km beamline in the inventory warehouse of C as of January 25, 2016. However, in fact, there were 3,547,00 kilograms.

C. 1) B entered into the instant sales contract with the Defendant on November 27, 2015, each of the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”).

(2) The sales contract to sell the purchase price at KRW 595,00,000 (hereinafter “the sales contract”).

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