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(영문) 수원지방법원안양지원 2015.08.13 2014가단25182

전부금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from December 24, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On November 30, 2012, the Japanese Steel Co., Ltd. (hereinafter “Seoul Steel Co., Ltd”) concluded a contract under which the amount equivalent to KRW 121,295,405 (hereinafter “instant contract”) would be transferred to the Defendant of the Japanese Steel Co., Ltd. (hereinafter “CNN”) and notified the Defendant of the assignment of the claim by content-certified mail, and the said notification was delivered to the Defendant on December 4, 2012.

B. On December 5, 2012, the Japanese Steel Co., Ltd. (hereinafter “New Steel”) entered into a contract with the Defendant for the transfer of the claim for goods amounting to KRW 119,368,839 against the Defendant of the Japanese Steel (hereinafter “instant contract for the transfer of claim No. 2”), and notified the Defendant of the assignment by content-certified mail, and the above notification was sent to the Defendant on December 6, 2012.

C. Meanwhile, in the case of the seizure and collection order of the claim filed by the Plaintiff as against the Defendant for the purchase price claim against the Defendant of the Japanese Steel, the Defendant, as of December 11, 2012, bears the obligation to pay for the goods equivalent to KRW 85,09,658 against the Japanese Steel as of December 11, 201, and submitted to the said court the third obligor’s statement to the effect that the Plaintiff received the notification of the transfer of the instant claim No. 1 on December 4, 2012, and the notification of the transfer of the instant claim No. 2 on December 6, 2012.

The Plaintiff filed a lawsuit seeking revocation of fraudulent act and restitution to its original state against the Suwon District Court 2013Kahap3050, Suwon Steel with the claim for the purchase price of goods equivalent to KRW 1.1 billion for the Japanese Steel as the preserved claim. On November 22, 2013, the above court revoked the transfer contract of claims 1 and 2 on the ground that the transfer contract of claims 1 and 2 on November 22, 2013 constituted fraudulent act within the scope of KRW 50,000,000 as sought by the Plaintiff, and the restoration of the original state is equivalent to KRW 50,000,000,000 for the Japanese Steel.