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(영문) 대구지방법원 2019.10.31 2018가합200659
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On January 30, 2017, the date of issuance of bills Nos. 1 AJ 50 million won on November 30, 2017, 200 won on January 15, 2018; KRW 2K 30 million on February 15, 2017; KRW 8,000,000 on February 19, 2018; KRW 3 B. 2.5 million on February 16, 2017; KRW 1.6.5 million on November 28, 2017; KRW 1.5 million on November 25, 2018; KRW 3.6.5 million on February 19, 2018; KRW 1.5 million on November 30, 2017; and KRW 1.5 million on August 25, 2017; and

A. While the Plaintiffs were those who run wholesale and retail businesses, such as miscellaneous, cremation, grain, and eggs, and supplied goods to H that runs the distribution business under the trade name of “G,” the Plaintiffs were issued an electronic bill of exchange (hereinafter “F”) from the F Co., Ltd., Ltd., the husband of H, actually operated by H (hereinafter “F”).

B. The plaintiff A is the above.

Of the amount of the bill stated in the table Nos. 1, 20 million won among the amount of the bill stated in the table Nos. 7 and 8, the plaintiff D endorsed and transferred each of the bills listed in the table Nos. 7 and 8 to P farming association.

After the maturity, each of the bills of this case was rejected due to the shortage of deposits or non-transaction, etc.

C. On January 19, 2018, F entered into a contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 4.9 billion (hereinafter “instant contract”), and on the same day, F completed the registration of ownership transfer for the instant real estate to the Defendant based on the said contract.

The terms and conditions of the instant contract are as follows: “The Defendant’s obligations for loans [ Q Co., Ltd. (hereinafter “ Q Q”)”)].

(2) the maximum debt amount of KRW 4.78 billion, Inc. (hereinafter referred to as “R”).

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