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(영문) 부산지방법원 2019.06.20 2018가단327440
사해행위취소
Text

1. The sales contract concluded on July 23, 2018 between the Defendant and C shall be revoked.

2...

Reasons

1. Basic facts

A. From June 17, 2016 to June 16, 2017, the Plaintiff entered into an agreement on the guarantee of foreign currency payment between the Plaintiff and C and the Plaintiff (i) the period of credit extended from June 17, 2016 to June 16, 2017 (this maturity has been extended to June 14, 2019 after the maturity date).

(2) The Agreement on General Foreign Currency Payment Guarantee (hereinafter referred to as the “Agreement”) consisting of US$90,000.

2) The Plaintiff issued a letter of credit to C in accordance with the instant agreement, as indicated below (hereinafter “instant table”).

(Unit: US$ 52,140 on February 6, 2018, the date of issuance of the letter of credit for the imported goods shipping (US$) No. 340 on April 5, 2018, D on February 5, 2018, E on April 26, 2018, E 91,3403 on April 26, 2018, the letter of credit No. 1 set forth in the table of this case (hereinafter referred to as “one letter of credit”).

(4) Since August 28, 2018, when it was impossible to settle the revenue amount by May 29, 2018, the settlement period for the payment was extended to August 27, 2018, C did not make a payment on the letter of credit once again. Thus, on August 28, 2018, the Plaintiff was treated as a substitute payment of KRW 41,61,582 converted into the won at the time of the total redemption rate at the time of the issuance of the letter of credit ($ 37,191.2 US dollars).

5) In addition, as C was unable to settle the revenue amount by June 16, 2018, which is the settlement period for the letter of credit payment No. 2, the payment period for the letter of credit payment, by June 2, 2018, C requested the Plaintiff and extended the settlement date to September 21, 2018. (b) AF Co., Ltd. (hereinafter “Nonindicted Company”) made a sales contract between C and the Defendant, etc. (hereinafter “Nonindicted Company”) from C, under the pretext of advance payment, C paid KRW 30,00,000 on July 23, 2018, and KRW 17,000,000 on July 26, 2018.

2. Accordingly, the defendant operating the non-party company C to the police.

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