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(영문) 대구고등법원 2017.10.25 2016나24155
사해행위취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' claims stated in the separate sheet added by this court.

Reasons

Basic Facts

Plaintiff

A's claims against D have been operated with the husband K in the trade name of B (the fund management is mainly in charge of D, the nominal owner of E's business, and the external business is mainly in charge of K) and around January 2015, it was very serious financial difficulties due to business deterioration around 2015.

On January 2015, K had no intention or ability to pay the sales cost of the consignment group or the annual consignment processing cost, and around January 2015, K concluded that “(i) the sales cost will be paid by consignment sale of the Plaintiff A’s original team to the J, the representative of the Plaintiff A, and (ii) the sales cost will be paid by consignment sale of the Plaintiff’s original team.”

On January 2015, Plaintiff A, who responded to this, entered into an annual management contract with D, followed the annual management process entrusted by D and performed it. At that time, Plaintiff A requested D to the consignment of Plaintiff A’s original group.

Plaintiff

A around May 2015, around KRW 84,398,387 had a total of KRW 84,387 with respect to the sales proceeds of the consignment group and the annual consignment processing expenses. A received reimbursement of KRW 14,00,000,000 from May 21, 2015.

(The amount of credit shall be KRW 70,398,387). Accordingly, on July 31, 2015, Plaintiff A received an order for payment (Seoul District Court Decision 2015Da296, Daegu District Court Decision 2015Da296) against D on July 31, 2015, with regard to KRW 19,61,820 of the sales amount of unpaid source and KRW 50,786,567 of the annual rent processing expenses, and on August 12, 2015, Plaintiff A received an order for payment on August 14, 2015, “D shall pay to Plaintiff the total amount of the above credit, KRW 70,398,387, and damages for delay at a rate of 20% per annum from the day following the delivery date of the original order for payment to the day of full payment.” The above order for payment was finalized on August 28, 2015.

After that, D and K couple paid a total of KRW 22,00,000 to the Plaintiff Company from December 2, 2015 to March 11, 2016, and the credit balance of the Plaintiff Company was KRW 48,398,387 (=70,398,387 - KRW 22,00,000).

Plaintiff

B The Plaintiff B, who operated the textile processing company called B’s claim L with respect to D, is above.

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