사해행위취소
1. It was concluded on March 20, 2014 between the Defendant and B, as to the claim described in the separate sheet No. 1.
1. Basic facts
A. On March 18, 2014, B Co., Ltd. (hereinafter referred to as “B”) entered into a supply contract between B and Namyang-si (hereinafter referred to as “B”) with the price of KRW 98,122,100 for the supply contract of a sandd position panel relating to C new construction works (hereinafter referred to as the “instant contract”).
B. On April 7, 2014, B entered into a supply contract between B and Seoul Local Government Procurement Service with the Seoul Local Government Procurement Service (hereinafter “instant contract”) and concluded a contract for the supply of government-funded materials and steel-frames related to D Construction (hereinafter “H beams”) at KRW 361,421,000.
C. On March 20, 2014, B transferred the assignment of claims to the Defendant (1) B to the Defendant on March 20, 2014, and filed an application for approval as to the assignment of claims with the Defendant on July 9, 2014 in the sense of notification of the assignment of claims on July 9, 2014.
(2) On July 7, 2014, B transferred the claim in the attached list No. 2 under the contract of the Seoul Local Government Procurement Service, to the Defendant on the same day, and applied for approval of the transfer of claim to the Seoul Local Government Procurement Service on July 10, 2014, with the meaning of notification of the transfer of claim on the same day.
(hereinafter the above assignment of claims is collectively referred to as “transfer of claims of this case”). D.
(1) The Plaintiff continued to supply steel products to F under the joint and several guarantee of E, but on May 20, 2014, issued a promissory note No. 404,160,020 won from B to guarantee the payment of unpaid goods.
(2) Since then, the Plaintiff received some payments from F and B, and received some payments from F and F, and the remaining amount of goods against F are KRW 384,075,187.
E. The repayment at Namyang-si and the Plaintiff’s provisional disposition prohibiting the disposal of the Plaintiff’s claim (1) shall be approved after obtaining from B an application for approval of the transfer of claim concerning the instant contract for Namyang-si, and the remaining portion shall be obtained by deducting damages for delay from KRW 5,592,950, out of the contract amount of July 9, 2014.