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(영문) 서울고등법원 2017.08.30 2016나2075846
사해행위취소 등
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) The Plaintiffs and the Defendant are companies manufacturing and selling smoke wires, etc., and the company selling them after being supplied with smoke wires, etc. from manufacture. 2) The Plaintiff’s Treatment Electric Cable was supplied with smoke wires, etc. equivalent to KRW 987,989,779 to the Nonparty Company from the end of October 2014 and paid only KRW 712,063,157 among them, and paid only KRW 275,926,622 as of October 31, 2014 (i.e., KRW 987,989,779 - KRW 712,063,157).

3) As of November 3, 2014, Plaintiff Gold Cable was supplied with air conditionings, etc. to Nonparty Company as of November 3, 2014, and was not reimbursed KRW 222,018,301 for the supply price thereof. On December 5, 2014, Plaintiff Gold Cable applied for a payment order from Cheongju District Court 2014 tea735, and the said court issued the payment order to Nonparty Company on December 9, 2014, and the said court did not pay KRW 222,018,301 and the amount calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to Nonparty Company until December 15, 2014; the payment order was served to Nonparty Company and did not receive KRW 314,201 until December 30, 2014.

B. In order to secure the price of supplied goods according to the transaction with the non-party company, the Plaintiff’s Daewoo Electric Cable, together with each of the real estate listed in the table Nos. 1 and 2, owned by the representative director B of the non-party company on December 27, 2013, specified as the “each of the instant real estate” in the table Nos. 1 and 2 as the “the instant real estate” when it is individually named.

As to the maximum debt amount, 300,000,000 won and the registration of the establishment of a neighboring mortgage in the non-party company.

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