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(영문) 서울중앙지방법원 2015.04.10 2014가단195692

사해행위취소

Text

1. On March 20, 2014, the claims indicated in the separate sheet between the Defendant and the Korea Trade Energy Co., Ltd. were concluded.

Reasons

1. Facts of recognition;

A. Around June 2007, the Plaintiff engaged in cement manufacturing and selling business entered into a cement supply contract with the Korea Trade Energy Corporation (hereinafter “Korea Trade Energy”) with a term of contract from June 27, 2007 to June 26, 2008 (i.e., implied renewal) and with a total of 50,000 tons of cement annually for the Plaintiff’s ordinary energy. The Plaintiff supplied the Korea Trade Energy with cement amounting to KRW 5,549,558,670 according to the terms of the said contract and the renewed contract under the same conditions. The Korea Trade Energy issued bills to the Plaintiff from October 2013 to pay KRW 4,229,26,439 out of the said price.

B. The Korea Ordinary Energy Co., Ltd. loaned 230,00,000 won to the Korea Ordinary Energy on March 18, 2014 for the reason that the bill with the highest maturity (e.g., face value: 530,887,840 won; 03020,027: : the due date: March 15, 2014) was unpaid, and the due date was settled on March 17, 2014. While the Plaintiff lent 230,00,000 won out of the said bill to the Korea Ordinary Energy on March 18, 2014, the Korea Ordinary Energy was unable to pay the bill with the due maturity (e.g., face value: 372,523,739 won; 03020,0203; : the due date for payment: March 31, 2014).

Accordingly, the amount of debts that Korea-Japan did not pay to the Plaintiff was KRW 5,79,558,670, including the sum of the total amount of each of the above bills of exchange and the total amount of the unpaid goods and KRW 1,320,29,266,439, and KRW 230,000,000.

C. On the other hand, on March 20, 2014, the Korea Trade Energy transferred (hereinafter “instant contract for the assignment of claims”) to the Defendant as indicated in the attached list against Korea Trade Energy Limited Partnership A (hereinafter “A”) (hereinafter “A”), and on March 21, 2014, notified A of the assignment of claims, and the said notification was sent to A around that time.