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(영문) 수원고등법원 2020.04.23 2019나16112
사해행위취소
Text

1. The part of the judgment of the court of first instance against the defendant A is revoked, and the plaintiff corresponding to that part is against the defendant A.

Reasons

The grounds for this part of this court are the relevant part of the judgment of the first instance.

(Article 420 of the Civil Procedure Act). The reasoning for this part of the court’s judgment on the claim against Defendant Corporation is as follows, except for adding the following to the judgment on the “instant 1-mortgage contract” in the first instance judgment from 14 to 15. The relevant part of the judgment below’s reasoning is as follows.

(The main text of Article 420 of the Civil Procedure Act). As evidence, “No. 1 through 8, 19 through 22, and 25” can be admitted as additional evidence. “The Defendant Corporation concluded a contract with AR, who is a shipper, for the extension of the term of the B2B purchasing contract, renewal of the term of the agreement by December 31, 2016, which is equal to the existing limit amount. The Defendant Corporation entered into the first mortgage contract and completed the registration, on up to eight occasions from March 10, 2016 to April 14, 2016, to supply at least KRW 1.44,8 million in total to the Defendant Company’s assets, and to the extent that it is difficult for the Corporation to actively pay the purchase price of each of the agricultural products to the shipper, etc., to the extent that it is difficult for the Corporation to pay the purchase price of each of the agricultural products to the extent that it actually paid its assets in excess of its value at the time of production and supply.”

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