사해행위취소
1. The part of the conjunctive claim in the instant lawsuit is dismissed.
2. The plaintiff's main claim is dismissed.
3...
1. Basic facts
A. The Plaintiff is a company established on February 5, 1997 and engaged in asphalt and concrete manufacturing and selling business. The Defendant is a company established on September 29, 200 and engaged in petroleum selling business, etc. 2) Nonparty C Co. (hereinafter “C”) is a company established on July 31, 1996 and engaged in packaging business, etc.
B. On June 26, 2013, the Defendant entered into an oil supply contract and an agreement on the assignment of claims between the Defendant and C, etc. (hereinafter “instant supply contract”) with the content that the Defendant would supply the oil to C (hereinafter “instant supply contract”).
2) On the same day, the Defendant entered into a contract on the assignment of claims between C and C (hereinafter “instant agreement on the assignment of claims”) with the content that C will acquire or will acquire any claim to be held by C against its customers for the purpose of securing the payment of oil price claims under the instant contract. The main contents of the instant agreement on the assignment of claims are as follows.
In the event that the prospect for the payment of oil is unstable due to a default on payments for the payment of oil under a oil supply contract between the debtor and the creditor, the default on payments by the debtor company, or by any other reason, the creditor and the debtor shall enter into a contract in order to prevent the creditor's loss as follows:
1. In the above circumstances, a creditor may send a notice of assignment to a third party obligor on behalf of the debtor, and as of the time when the notice of assignment of claims is sent, the "debtor" in the agreement of assignment of claims in this case appears to be a clerical error in the "creditor".
be transferred to the Corporation.
2. The above contract is valid until the obligor pays the price of the oil.
3 C refers to a notice of assignment of claims on which the title holder shall be C at the time of entering into an agreement on the assignment of claims of this case, signed and sealed the corporate seal of C.