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(영문) 대전고등법원 2019.06.19 2018나10812
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff sold to B plastic-related goods worth KRW 184,39,925 from February 2, 2015 to July 2015, and KRW 35,554,329, totaling KRW 219,954,254, and KRW 254 from October 2015.

B. The representative director of B is AL, X is the inside director of B, and the defendant is the auditor of B.

AL, X, the defendant is a shareholder of B.

AL and X are marital relations, X(Fourth), AM(First), N(Fifth), Defendant(Third) are siblings relations.

C. B entered into a contract with X on June 15, 2015, which sells each of the instant real estate owned by B to KRW 2.41 billion [the down payment agreement: KRW 240 million on June 15, 2015; KRW 330 million on July 14, 2015; and the remainder of KRW 1.84 billion on July 15, 2015 (the remainder of KRW 1.5 billion on the remainder of the remainder of the loan and the remainder of the current deposit)] (hereinafter referred to as the “prior sales contract”). The contract was rescinded.

X’s total amount of KRW 792 million paid to B prior to the rescission of the preceding sales contract of this case is as follows.

1) On June 12, 2015, BL, KRW 240 million transfer, KRW 20 million transfer, KRW 200 million transfer, KRW 200 million transfer, KRW 3,000,000,000 in the name of the representative director, KRW 3) on June 15, 2015, June 26, 2015, KRW 200,000 BL, KRW 60,000,00 in the name of the principal director, and KRW 4,000,000 in the name of the refund of the deposit by the representative director) on June 29, 2015, KRW 5,00 in the name of part of the intermediate payment, KRW 120,000,00 in the name of the representative director, KRW 6,000,00 in the name of the return of the deposit).

(N) On July 14, 2015, 200 million won transfer, KRW 230 million transfer, and KRW 200 million transfer, under the name of the payment of credit purchase 8) on July 14, 2015, 2015.

E. B B With the Defendant on August 12, 2015, an agreement on the payment of the down payment of KRW 2.41 billion to the Defendant of each of the instant real estate: The down payment of KRW 250 million on August 12, 2015; the intermediate payment of KRW 50 million on September 550, 2015; and the remainder of KRW 1.6 billion on September 17, 2015.

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