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(영문) 수원지방법원안산지원 2015.06.24 2014가단114824

사해행위취소

Text

1. Defendant Young Engineering Co., Ltd.: (a) KRW 42,00,000 for the Plaintiff and its related thereto, from February 15, 2012 to October 2014.

Reasons

1. Facts of recognition;

A. On September 21, 201, the Plaintiff engaged in the processing, sale, etc. of scrap iron and steel products paid KRW 100,000,000 to the Defendant Young Engineering Co., Ltd. (hereinafter “Defendant Young Engineering”) as advance payment under a contract for supply of scrap metal. On February 15, 2012, the Plaintiff was supplied with scrap metal of KRW 54,222,520 from the said Defendant.

B. Since then, the Plaintiff demanded the Defendant Young Engineering to return the balance of advance payment and received the return of KRW 3,777,480 on December 24, 2012.

C. Defendant Young Engineering transferred each claim on April 8, 2013 to the Defendant Electric Power Industry Co., Ltd. (hereinafter “Defendant Electric Power Industry”) as indicated in the separate sheet (hereinafter “instant assignment agreement”), and notified the fact of transferring the claim to the construction of the Daewoo Shipbuilding on April 11, 2013, and the construction of the sea of Daewoo Shipbuilding received the said notice around that time.

The active property of Defendant Young Engineering at the time of the instant assignment contract is equivalent to KRW 316,096,00,00 in total of the claims listed in the separate sheet; KRW 5,673,400 in total of the claims for the construction and assembly of pit pumps among the claims listed in the separate sheet; KRW 5,673,400 in total of the claims for the construction and assembly of pit pumps for the “Sek Construction of Multi-Family Housing Association” for the Co., Ltd.; KRW 6,977,402 in total of the claims for the sale of the goods related to the KMG apartment construction; KRW 6,97,407,40 in total of KRW 65,798,110 in the amount of the contract for the construction of pit uniforms; KRW 151,706,786,70 in total of the claims for the construction of pit pumps; KRW 3605,705,2085,20385,207.37.