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(영문) 창원지방법원밀양지원 2020.11.04 2019가단2034
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Plaintiff’s assertion

The Non-Party D Co., Ltd, the representative of the Non-Party D Co., Ltd., (former representative director of the Plaintiff), (i) made transactions with Non-Party D Co., Ltd, and (ii) made a joint and several surety for KRW 55,055,375 in the balance of the goods payment claim against D Co., Ltd, from January 2014 to December 2015, which was held by Non-Party D Co., Ltd. (former representative director of the Plaintiff), and (iii) sought revocation of the said gift contract, which was the only responsible property of the Plaintiff Co., Ltd., and restitution thereof.

2. Determination as to the existence of the preserved claim

A. As the subject of rights and obligations, a corporation is distinguishable from a natural person who is the representative director, and even according to the Plaintiff’s assertion, the joint and several liability of KRW 5,670,061 above is merely a joint and several liability of KRW 5,670,061, which is not a Plaintiff, for a natural person E who is not a Plaintiff. Therefore, insofar as there is no proof of a separate title, the above KRW 5,670,061, which is the subject of

B. In principle, a claim protected by the obligee’s right of revocation needs to be created prior to the commission of an act that can be deemed as a fraudulent act. In the case of a claim arising after a fraudulent act, there is an exceptional legal relationship that has already been based on which the claim was established at the time of the fraudulent act, and there is a high probability that the claim should be established in the near future by such legal relationship. In the near future, where a claim has been created with its probability realized in the near future, the obligee’s

According to Gap evidence No. 1-1, the plaintiff was established on March 20, 2017, and the plaintiff asserted that the plaintiff was the product price claim from April 2017 to March 2018.

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