사해행위취소
1. The assignment contract concluded on January 19, 2015 between the defendant and the stock company as to the claims indicated in the separate sheet between the defendant and the company B.
1. Basic facts
A. The Plaintiff entered into a drug supply contract on July 30, 2008 with a company that wholesale and retails drugs as a pharmaceutical company that sells and manufactures drugs (hereinafter “B”), and supplied drugs from around that time to February 23, 2015, but did not receive KRW 51,243,464 out of the price.
(B) The terms and conditions of payment of the price were 180 days after the supply of the drug. (B)
Since then, on July 27, 2015, the Korea Credit Guarantee Fund guaranteed some of the goods-price obligations in B paid KRW 20,000,000 to the Plaintiff on July 27, 2015, and as of the closing date of the argument in
The goods price obligations stated in the subsection remain 31,243,464 won.
C. Separately, the Plaintiff supplied the medicine to B from June 13, 2014 to January 30, 2015. However, the price not paid out of the medicine price supplied during the said period is KRW 14,400,073 as of the date of the closing of the instant argument.
On the other hand, around January 19, 2015, B entered into a contract on the transfer of the claim listed in the separate sheet (hereinafter “instant claim”) to the Defendant (hereinafter “instant contract on the transfer of claim”), and around that time notified the medical corporation, the debtor of the instant claim, of the fact.
E. At the time of entering into the instant assignment contract, the total supply amount that the Plaintiff did not receive from B was KRW 96,645,601 (= KRW 82,245,528).
F. B reported the closure of business on March 31, 2015, and in-house directors, the representative of B, filed an application for individual bankruptcy and exemption on April 27, 2015 with the Ulsan District Court Decision 2015Hadan284, 2015Ha285.
G. Meanwhile, the Defendant filed a lawsuit against the Busan District Court Branch Branch 2015Kadan4667 on the claim for the transfer of the instant claim against the medical corporation, which received payment from the medical corporation the full amount of the amount recognized as a result of the decision on the recommendation for settlement made on May 9, 2015 in the process of the said lawsuit from the medical corporation and the Dong Medical Foundation.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, 9, 11,