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(영문) 서울중앙지방법원 2016.05.12 2015가단50130

사해행위취소 등

Text

1. It was concluded on March 20, 2014 between the Defendant and the Korea Trade Energy Co., Ltd. on the claims listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On June 2007, the Plaintiff entered into a cement supply contract with Korea Trade Energy Co., Ltd. (hereinafter “Korea Trade Energy”) with a total of 50,00 tons of cement per annum from June 27, 2007 to June 26, 2008 and with a total of 50,000 tons of contract period from June 27, 2007 to June 26, 2008, with a bill or check issued by Korea Trade Co., Ltd. to lose the benefit of time, and issued eight copies of the bill to pay KRW 4,29,26,439 out of the price by February 2014.

B. However, the bill number “self-0302027,” which first comes due, was settled in default on March 17, 2014, and the Plaintiff set the rate of KRW 230 million on March 18, 2014 at the interest rate of KRW 7% per annum, and the due date of repayment on April 18, 2014, and the Korea Trade paid the said bill amount with the said money.

C. However, since the remaining bills are not fully paid, the sum of KRW 4,229,26,439 ( KRW 4,760,154,279, KRW 530,87,840) was not paid. The ordinary trade in Korea was not paid to the Plaintiff for cement other than the above amount ( KRW 1,320,292,292,231 ( KRW 5,549,558, 670-4,229, 26,439).

On November 11, 2014, the Plaintiff filed a lawsuit against Korea Trade, etc. for the claim for the payment of goods 2014Gahap3028 and was sentenced to the judgment that "Daehan Trade, jointly and severally with the Plaintiff 5,779,558,670 won (i.e., the amount of KRW 4,229,226,439, the amount of KRW 1,320,292,292,231, the amount of the unpaid goods 230,000,000)" and the said judgment became final and conclusive around that time.

E. On the other hand, on March 20, 2014, Korea Trade Co., Ltd. (hereinafter referred to as the "transfer contract of this case") to the Defendant on March 20, 2014.

A. Around that time, the above cooperative was notified of the assignment of claims to the above cooperative, and the above cooperative repaid the principal and interest of the above bonds to the defendant on July 30, 2014.

F. Meanwhile, this case.