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(영문) 서울동부지방법원 2014.10.01 2013가단116237

사해행위취소

Text

1. On April 1, 2013, the Defendant and B Co., Ltd., Ltd., which was concluded on April 1, 2013.

Reasons

1. Basic facts

A. On April 8, 2013, the Plaintiff received a payment order from Nonparty Company B (hereinafter “B”) with the business of stone construction, etc. to the effect that “B shall pay the Plaintiff KRW 87,347,070 and delay damages therefrom” on April 17, 2013. The payment order became final and conclusive around that time.

B. B, from the trade name of each company, after deducting “stock company” from “treatment Construction,” “SS Construction,” “SS Construction,” and “Sscco Construction,” B ceased construction on and around March 2013 due to business deterioration while performing stone construction, etc., and was notified of the termination of the subcontract agreement from Daewoo Construction, Scco Construction, etc. around April 2013.

C. B, on March 31, 2013, issued two tax invoices of KRW 85,823,100 and KRW 122,03,70 with respect to the subcontract price including value-added tax. On April 1, 2013, “B entered into a subcontract with respect to treatment Construction and C apartment site and received notice of the transfer of the amount of KRW 85,823,100, electronic tax invoices amounting to KRW 122,03,70, total amount of KRW 122,03,70, total amount of KRW 207,856,800, and current and future bonds, and KRW 122,07,856,80 with the trade name “D,” and the Defendant received notice of the transfer from the Defendant by mail on April 8, 2013 to the Defendant (hereinafter “transfer of the instant claim”). The Defendant received notice of the transfer from the Defendant on May 31, 2013.

B was in excess of the obligation at the time of the assignment of the instant claim.

[Ground of recognition] The fact that there is no dispute, and there are evidence Nos. 1 through 17.