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(영문) 서울중앙지방법원 2016.10.07 2015가단5231026

사해행위취소

Text

1. The assignment of claims between Company B and the Defendant on May 9, 2014 shall not exceed KRW 100,269,973.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ claim 1 against the Plaintiffs Company B (hereinafter “B”) filed an application for a payment order with Nonparty 2 (hereinafter “B”) on the ground that KRW 38,248,055 claims against Nonparty 2 (hereinafter “B”), and the order was finalized upon receipt of the payment order issued under the Suwon District Court’s Ansan Branch Branch Branch 2013M12701. The Plaintiff Dae River Business Co., Ltd. was based on the payment order finalized as above on July 2, 2014.

(2) On June 27, 2014, the Seoul Central District Court 2012Gahap54300, which held against the Plaintiff, issued a seizure and collection order as to the amount of claims based on the judgment in favor of the first instance court in the case of confirming the existence of a debt, which was issued on June 27, 2014. (2) The Plaintiff ground construction corporation filed a lawsuit seeking payment on the ground that it had a claim against B, and was issued an authentic copy of the protocol of compromise on the payment of KRW 62,021,918 in the said lawsuit.

Plaintiff

On July 2, 2014, a ground construction company received a collection order on July 2, 2014 with respect to the amount of claims based on the above judgment held by B against advanced engineering based on the above protocol of compromise.

B. B’s assignment of claims to the Defendant 1) The Defendant shall enter into a contract with the same assignment of claims as the attached Form in which claims are transferred in KRW 129,564,427 from May 9, 2014 (hereinafter “instant assignment of claims”).

(2) On November 19, 2014, the appellate court rendered a judgment on November 7, 2015 to the effect that the Defendant A, the succeeding intervenor of the Plaintiff, shall be paid KRW 129,564,427, and delay damages. The appellate court rendered a judgment on November 7, 2015, which declared that the appellate court of the said lawsuit shall pay KRW 129,564,427 and delay damages to the Plaintiff.

C. B’s property condition B is the assignment contract of this case.