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(영문) 서울중앙지방법원 2015.07.08 2014가합588376

사해행위취소

Text

1. Defendant Suwonex Co., Ltd. shall pay to the Plaintiff KRW 233,302,527 and its payment from February 7, 2015.

Reasons

In this part of the case, the summary of the claim against Defendant Etex, Dae Shipping Aviation Co., Ltd., and Alternative Industries Co., Ltd., the Plaintiff sought revocation and restitution on the ground that the contract for the transfer of goods price claim between the Plaintiff and the Defendant Etex Co., Ltd. (hereinafter “Co., Ltd.”) and the Defendant Etex Co., Ltd., Dae Shipping Aviation Co., Ltd., and the Defendants other than Defendant Ntex Co., Ltd. (hereinafter “Defendant Etex”) are fraudulent acts.

On the premise of fact, the Plaintiff’s claim for the purchase price of goods against Defendant Suwon, supplied the clothing raw materials from January 28, 2014 to February 17, 2014, and did not receive KRW 233,302,527 as the price for the goods.

From February 21, 2014 to February 28, 2014, Defendant Suwon, a creditor, and the Defendants, transferred the relevant amount of claims to Defendant Suwon Heavy Co., Ltd., as indicated in the attached Table, such as the assignment of claims by content-certified mail, and the notification of the assignment of claims by content-certified mail reached Han Textiles from March 3, 2014 to March 7, 2014.

On March 10, 2014, Defendant Suwon Tech closed its business.

On July 17, 2014, the Seoul Southern District Court deposited KRW 202,337,012 as the principal and the Defendants of the Plaintiff and the beneficiary as the principal and the Defendants on the ground that the transfer of claims is concurrent in accordance with the Seoul Southern District Court Decision No. 3832, Jul. 17, 2014.

In the lawsuit filed by the Defendant Substitute Industries against the Plaintiff and the Defendant Mtex, the Dae Shipping Aviation, and the Forest Tech, seeking confirmation of the right to advance the deposit, the notification date of the transfer of the deposit shall be the aviation of the Defendant Mtex, the Dae Shipping Aviation.