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(영문) 울산지방법원 2017.08.23 2017가단50890

사해행위취소

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each letter D Co., Ltd. written in Defendant B’s preparation filed a lawsuit against E Co., Ltd. seeking a agreed amount, and received a favorable judgment from this court on August 21, 2014 that “E Co., Ltd. shall pay to D Co., Ltd. the amount of KRW 296 million per annum from February 14, 2013 to the date of complete payment of the amount calculated at the rate of KRW 20 million per annum.”

(2) On February 19, 2016, Defendant B, the representative director of F Co., Ltd. (former E Co., Ltd.) (former E Co., Ltd.), prepared a payment angle (hereinafter “instant payment rejection”) as follows.

In relation to the case of the seizure and collection order of 2015TT 6763, the debtor FF corporation is obligated to pay 432,403,287 won to creditors D Co., Ltd. as representative director on the registration of F Co., Ltd., and each of the above persons (Defendant B) is obligated to pay as the representative director on the registration of F Co., Ltd., he/she will pay the amount equivalent to 40% of individual's income

B. On March 24, 2016, Defendant B completed the registration of ownership transfer for the instant real estate based on the trust held on March 21, 2016 to Defendant C.

C. On August 19, 2016, the Plaintiff entered into a contract for the assignment of claims with D from D to Defendant B under the instant payment note (hereinafter “instant contract for the assignment of claims”). On the same day, D notified Defendant B of the assignment of claims.

[Reasons for Recognition] Unsatisfy, Gap 1 to 5 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff acquired the claim against the Defendant B from D, and thus, Defendant B is obligated to pay to the Plaintiff a partial amount of KRW 90 million and damages for delay.

A trust contract concluded with Defendant C on the instant real estate under the insolvent of Defendant B is a trust contract.