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(영문) 광주지방법원순천지원 2014.10.01 2013가단21530

사해행위취소 등

Text

1. On January 3, 2013, Non-Party C Co. receives the face value of KRW 450,000,000, the payee B, the place of issue and the place of payment, respectively.

Reasons

1. Basic facts

A. On November 9, 2012, the Plaintiff filed a lawsuit for the purchase-price claim against C Co., Ltd. (formerly: D Co., Ltd.; hereinafter “C”) with the Gwangju District Court rendered a judgment that “C and E jointly pay to the Plaintiff the amount of KRW 5,452,975 per annum from September 25, 2012 to the date of full payment” and the said judgment became final and conclusive on December 4, 2012.

B. On January 3, 2013, C issued a promissory note of KRW 450,000,000 to B, an internal director, and the same year.

2. 22. The Notarial Deed of Promissory Notes was drawn up.

C. On March 4, 2013, B filed an application for an order for the seizure and assignment of the claim under this Court 2013TTT 1848 with the notarial deed of a promissory note as a claim claim. On March 5, 2013, B, with the above court as the obligor C and the third obligor of the Republic of Korea (competent jurisdiction): (a) entered into a contract with the said court as the obligor C and the third obligor of the Republic of Korea, and (b) entered into the construction by entering into a contract with the third obligor for the installation of the sediment, etc., and (c) was issued by the third obligor with the attachment

C On March 15, 2013, the Defendant on March 15, 2013, the same year from March 15, 2013 during the construction period of reinforced concrete construction works among the works to build ground landmarks (pers) supplied by the Ministry of Land, Transport and Maritime Affairs by the Korea Coast Guard.

8. By 20.20, the contract amount was set at KRW 285,00,000, and thereafter the said contract amount was changed to KRW 120,230,000 on March 25, 2013.

C. B, on April 23, 2013, based on the assignment order of claim attachment and assignment order No. 2013T to the Defendant, B transferred to the Defendant all the claim already incurred and the claim to be incurred in relation to the installation work of the land table, etc. with C and the claims to be incurred in the future (450,000,000) with respect to the attachment and assignment order of claim No. 2013, 2013, and notified the Defendant of the assignment of the above claim on the same day under the jurisdiction of the Republic of Korea (YAF).

2. The assertion and judgment Nos. 1 to 2.