(영문) 청주지방법원 2020.06.10 2018가합2063

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(영문) 청주지방법원 2020.06.10 2018가합2063

사해행위취소

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1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaged in the manufacture, sale, etc. of electric wires and cables. 2) The Plaintiff is a company established on August 26, 2005 and sells electricity, communications, construction materials, etc., and D was a representative director of C from October 29, 2009.

3) The Defendant was established on May 29, 2013 and sells electricity, communications, construction materials, etc., and D was registered as the Defendant’s intra-company director from May 29, 2013 to June 3, 2013. (B) On July 1, 2009, the Plaintiff entered into a commodity supply contract with the Plaintiff for the continuous supply of goods such as C and Electric Cable (hereinafter “instant commodity supply contract”). The main contents are as follows.

Article 2 The supply of products shall be made by the Plaintiff according to the type and volume as determined by C, and the Plaintiff shall arrive at the delivery place of C, and the costs of transportation shall be borne by the Plaintiff.

Article 3 The price for the products supplied to C by the Plaintiff shall be based on the consultation at the time of the contract, and where the separate payment method is not agreed upon at the time of the contract, the standards for the collection of the Plaintiff shall be

[Standards for the amount of money of the plaintiff: Cash or Promissory Notes (within 120 days from the due date) by the end of the following day following the issuance of tax invoices. Article 4 Section C provides the plaintiff with security recognized by the plaintiff to guarantee his/her current and future obligations, and the credit limit is traded within the limit determined by the plaintiff (the total amount of outstanding amounts and outstanding bills exceeds the credit limit).

Article 7 The plaintiff may terminate a contract for supply of goods after notification to C when C does not perform this contract or when it is determined that the plaintiff's ability to sell the plaintiff's products is significantly lacking. In the absence of the declaration and notification of the termination of the contract between the plaintiff and C, this contract shall be for one year.

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