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(영문) 대구지방법원 2018.07.18 2017나315336
사해행위등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C Establishment and operation 1) E and D couple established C on February 1, 2010 with the purpose of manufacturing, processing, selling, farming, water, livestock products distribution and wholesale business, retail business, etc. On February 23, 2010, C established each registration of ownership transfer on the grounds of sale on the following grounds: (a) on February 23, 2010, 180 square meters of land for a Fright-gun, G factory site, 812 square meters (hereinafter “H land”); and (b) on each above land, general steel-frame panel roof 375 square meters (hereinafter “H factory”); and 379 square meters (hereinafter “I land”); and (c) on the I land, the registration of ownership transfer was completed on the ground of sale on the I land, and the registration of ownership transfer was completed on the 200 square meters of general steel-frame and steel-framed panel 200 square meters, and the registration of ownership transfer was completed on the I land (hereinafter “14”).

B. Claim 1 against the Plaintiff and the Defendant: (a) supplied to C by manufacturing impliedly “L”; (b) leased KRW 15 million on August 16, 201, KRW 15 million on January 15, 201, KRW 25.6 million on January 16, 201, KRW 20 million on January 17, 201, and KRW 20 million on January 30, 201; (c) the Plaintiff supplied food equivalent to KRW 61,678,180 to C by June 30, 201; (d) while engaging in manufacturing and wholesale business, etc. under the trade name “J”, the Plaintiff supplied KRW 15 million on June 30, 201, and did not receive KRW 379,395,979,97.

C. C’s property reorganization process and related case result 1) The Defendant assumed office as the internal director of C on June 14, 201, and C discontinued its business on June 30, 201 due to business difficulties. (2) C transferred the office’s home office to repay the Defendant’s debt and the debt for the purchase of goods on July 1, 2011. On July 22, 2011, C transferred the same home office twice to the Plaintiff in order to repay the said debt for the purchase of goods.

3 On July 20, 2011, C transferred to the Plaintiff a claim for the supply of agricultural products equivalent to KRW 40,751,120 to the Plaintiff, Inc. and 17 business entities, and around that time.

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