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(영문) 대구고등법원 2017.07.14 2016나26106
용역비
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's action of revocation and compensation for value added at the trial.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the judgment of the court of first instance as to the creditor's revocation and the claim for equivalent value compensation which the plaintiff had selectedly added at the court of first instance, as stated in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Whether a lawsuit for revocation of creditor and compensation for the value brought at the trial is lawful (unlawful)

A. The Plaintiff asserted that the Plaintiff had a claim for construction cost of KRW 167,00,000 against I. However, on March 10, 2015, I, the obligor, concluded a sales contract with the Defendant to sell all the facilities and office fixtures I possessed by the Defendant for KRW 400,000,000, thereby reducing joint security against the Plaintiff and other general creditors. As such, the sales contract dated March 10, 2015 constitutes a fraudulent act, and thus, should be revoked within the extent of KRW 167,00,00, which is the Plaintiff’s preserved claim.

The above facilities, etc. subject to a sales contract as of March 10, 2015 are liable to pay the Plaintiff the above KRW 167,00,000 and damages for delay after the date this judgment became final and conclusive, since it is impossible or considerably difficult to return originals due to the reason that the Defendant was being transferred to, or attached to, the Defendant’s factory or was consumed by part of, the Defendant’s factory, etc.

B. If the obligor knowingly performs a juristic act aiming at a property right with the knowledge that it would prejudice the obligee, the obligee may apply to the court for its revocation and restitution (Article 406(1) of the Civil Act). The obligee shall file a lawsuit within one year from the date when the obligee becomes aware of the cause of revocation and five years from the date when the juristic act

(Article 406(2) of the Civil Code. In order for a creditor to exercise his right of revocation in accordance with Article 406(1) of the Civil Code, Article 406(2) of the Civil Code shall be prescribed.

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