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(영문) 의정부지방법원고양지원 2014.08.29 2013가합51070

사해행위취소

Text

1. C Co., Ltd. between the defendant and C, as to each company listed in the separate sheet of assignment of sales claims.

Reasons

1. Basic facts

A. The Plaintiff’s claim (1) is the beneficiary of the Promissory Notes No. C (hereinafter “instant No. notarial Deed”) in Seoul, the issue date of which is December 9, 2010, and the issue date of which is March 20, 2011, and the place of issue, payment, and payment of which are Seoul.

(2) On March 22, 2011, the Plaintiff urged the non-party company to perform the obligations under the instant notarial deed several times. On April 5, 2011, the execution clause was granted for enforcement in accordance with the instant notarial deed. On February 28, 2012, the Plaintiff issued a collection order for the seizure and collection of each claim against the non-party company’s customers as the garnishee.

(3) As of July 18, 2014, the amount of claims against the Plaintiff Company as of July 18, 2014, which is close to the date of the closing of argument in the instant case, is KRW 2,769,145,91,759 in total, the amount of claims against the Plaintiff Company as of July 18, 2014, plus KRW 2,769,145,91,759 in total.

B. On January 16, 2012, the Defendant entered into a contract with the Nonparty Company on the transfer of all future sales bonds (hereinafter “instant sales bonds”) to be held by the Nonparty Company as of January 6, 2015 to the Defendant as of January 6, 2015, under the condition that the Defendant would frequently lend funds within the scope of KRW 5,000,000 in the balance of the Nonparty Company until December 31, 2013.

(hereinafter “instant contract”). C.

(1) According to the standard financial statements on December 31, 2010, the total assets of the non-party company were KRW 17,198,967,937, and the total assets of the non-party company were KRW 18,559,054,473.

(2) On May 201, Nonparty Company was de-listing due to the rejection of the audit opinion.

(3) At the time of entering into the instant contract, the non-party company