Text
1. It was concluded on September 4, 2018 between the defendant and C with respect to each motor vehicle listed in the separate sheet “Attachment”.
Reasons
1. Facts of recognition;
A. On August 22, 2018, the Plaintiff filed a lawsuit against C (hereinafter “Nonindicted Company”) claiming for the cost of painting of steel structure. On August 22, 2018, the first instance court rendered a judgment that the Plaintiff would pay to the Plaintiff the amount of KRW 8,210,859 and the amount of said KRW 6% per annum from September 1, 2016 to April 30, 2018 and the amount of said KRW 15% per annum from the next day to the date of full payment. The said judgment became final and conclusive at that time.
B. On September 4, 2018, the non-party company of the non-party company’s disposal disposition completed the registration of transfer of name on the grounds of sale as to each of the motor vehicles listed in the separate sheet “Attachment List” (hereinafter collectively “instant motor vehicles”) to the Defendant, who is the birth of the representative director.
(hereinafter collectively referred to as "sale of this case")
At the time of the instant sales contract, the non-party company continued to accumulate its liabilities in excess of its total amount of capital at the time of the instant sales contract.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence Nos. 7 and 8, the purport of the whole pleadings
2. Determination
A. Judgment on the cause of the claim 1
1. According to the facts found in the facts of recognition, although the aggregate amount of the non-party company's passive property at the time of the sale and purchase exceeds the aggregate amount of active property, it shall be deemed that the sale and purchase in this case deepens the status of excess of liability by selling the automobile corresponding to active property. Therefore, it can be sufficiently confirmed that the sale and purchase in this case was a fraudulent act against the
2) Therefore, the Plaintiff may seek restitution from the Defendant, who is the beneficiary of the instant transaction, by exercising the right of revocation. B. Determination on the Defendant’s bona fide assertion 1) Accordingly, the Defendant has the amount of KRW 35 million to be received from the Nonparty Company, and the Defendant has the amount of KRW 35 million on November 29, 2017.