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(영문) 대전지방법원천안지원 2019.05.31 2017가합100522
사해행위취소
Text

1. It was concluded on November 10, 2015 with respect to each motor vehicle listed in the separate sheet between Defendant B and D.

Reasons

1. Basic facts

A. On February 6, 2015, the Plaintiff is supplied with approximately 13-15 tons of cattle, pigs’s raw fat, by-products, etc. from D, between the Plaintiff and D on February 6, 2015, and the Plaintiff is provided with approximately 650,00,000 tons of advance payment. The Plaintiff shall pay D with advance payment, and D shall obtain and deliver the performance guarantee insurance policy for the said advance payment as security to the Plaintiff (hereinafter “instant supply contract”).

2) On September 10, 2015, the Plaintiff notified D that the contract may be rescinded by urging D to perform its obligations and rescind the contract, as the Plaintiff did not supply the living area, etc. as agreed by D and the contract performance guarantee insurance policy is not issued.

Nevertheless, D did not perform its obligations, the Plaintiff notified D of the rescission of the contract around November 27, 2015, and requested D to return KRW 590,000,000, which is the balance of the advance payment.

B. D’s act of disposing of D’s property on November 12, 2015 due to the transaction made on November 10, 2015 to Defendant B; (1) the receipt number for the automobile indicated in paragraph (1) of the attached Table; and (2) the registration of transfer of name was completed to Defendant B with F with the receipt number for the automobile listed in paragraph (2) of the attached Table.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 9, 33 (each number omitted; hereinafter the same shall apply), Eul evidence Nos. 5, 10, and 14, the purport of the whole pleadings

2. Determination as to the claim for revocation of fraudulent act against Defendant B

A. In principle, the existence of the preserved claim 1-related legal doctrine and the obligee’s right of revocation need to be protected prior to the commission of an act that can be viewed as a fraudulent act. However, there is a high probability that there is a legal relationship which is the basis of the establishment of the claim at the time of the fraudulent act, and that the claim is established in the near future because of its legal relationship in the near future. In the event that the probability is realized in the near future, the claim is also established.

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