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1.The judgment of the first instance shall be modified as follows:
The defendant and C (attached Form 1.) are described in the real estate list.
Reasons
1. Basic facts
A. The Plaintiff traded to manufacture and supply clothing to J Co., Ltd. (hereinafter “J”), and failed to receive the clothing price provided to J from around 2008.
B. On November 4, 2011, the Plaintiff entered into an agreement on credit transactions (hereinafter “instant agreement”) with the content that the Plaintiff shall continue to supply any clothing manufactured by the Plaintiff to J with the limit of credit transactions at the J’s request, with the maximum amount of 2,800,000,000 won and the date of the agreement on credit transactions from November 4, 201 to November 3, 2012, while having not received clothing payments equivalent to KRW 1,939,14,146,494 from J, and additionally supplied any clothing equivalent to the amount of KRW 498,296,524 (including value-added tax) on November 30, 201, and additionally supplied any clothing equivalent to the amount of KRW 749,683 (including value-added tax) on December 31, 2011.
C. On November 4, 201, J’s in-house director, C issued a promissory note with a face value of KRW 600,000,000 at issue in the Plaintiff’s future and payment at sight (hereinafter “instant promissory note”). On the same day, C’s No. notarial deeds on the instant promissory note (Law Firm New 9563, 201) were written upon C’s commission.
On the other hand, C completed the registration of ownership transfer based on payment in kind as of March 26, 2012 on each real estate listed in the real estate list (hereinafter “instant real estate”) owned by J to the Defendant for the repayment of the clothing payment liability owed by J to the Defendant. However, on the other hand, the registration of ownership transfer was completed on January 11, 2013 for the instant real estate.
E. As of March 21, 2012, C had positive and negative property as indicated in C’s list of property (attached Form 2.) as of March 21, 2012, and as such, C was in excess of the total amount of KRW 3,802,046,946 exceeds KRW 3,483,397,930.
[Reasons for Recognition] Unsatisfy, Gap's 1, 2, 4, 5, 7 through 10, 19.