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Reasons
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(영문) 서울남부지방법원 2015.11.05 2015나3506
물품대금 등
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1. The part against Defendant B in the judgment of the first instance shall be revoked;

The plaintiff's claim against the defendant B is dismissed.

2...

Reasons

1. Basic facts

A. From December 1, 2001 to March 26, 201, the Plaintiff supplied goods to Defendant A who runs the wholesale business of food additives in the name of “E” in Busan Jung-gu, Busan, with the trade name “E” during the period from March 1, 201 to March 26, 201, but was not paid KRW 54,338,075 out of the price of goods.

B. On March 20, 2014, Defendant A entered into a contract to sell the real estate listed in the attached list (hereinafter “instant apartment”) owned by it to Defendant B, the purchaser of the money for KRW 170 million (hereinafter “instant sales contract”); and on the same day, Defendant A completed the registration of ownership transfer of the above apartment in Defendant B’s name on the same day.

C. On March 20, 2014, Defendant B, upon Defendant A’s request, remitted each amount of KRW 42 million to Defendant A’s foreign exchange bank account, and KRW 20 million to Defendant C’s foreign exchange bank account, with the payment of the above purchase-price on March 20, 2014; the same year.

3. 26. 26. 3 1 million won cashier's checks to Defendant A and 5 million won in cash, and the same year.

4.5. Cash of KRW 3 million has been paid in each year.

4. The Korea Exchange Bank subrogated the secured debt of 96,891,831 won, which was established on the apartment of the instant apartment, and cancelled the registration of establishment of a neighboring mortgage of the foreign Exchange Bank.

At the time of the conclusion of the instant sales contract, the market price of the instant apartment was KRW 170,100,000, and the said apartment was the only real estate of the Defendant A, and the Defendant A, at the time, was the state of exceeding the active property in addition to the secured debt of the right to collateral security (loan principal KRW 96,600,000), the obligation of the Plaintiff to pay the goods amounting to KRW 54,338,075, and the obligation of selling the goods amounting to KRW 26,787,302 to the Plaintiff, as well as the obligation of selling the goods amounting to KRW 26,787,302 against the

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