beta
(영문) 대전지방법원서산지원 2016.07.08 2015가단9129

사해행위취소

Text

1. The product price claim amounting to KRW 7,960,416, which Nonparty Steel Co., Ltd. holds against Nonparty Co., Ltd. B.

Reasons

1. Basic facts

A. The Plaintiff’s claim against the Plaintiff’s Kd Steel Co., Ltd. (hereinafter “Kd Steel”) was issued an order for payment of KRW 44,096,80 from September 2014 to March 2015 to transport the goods at the request of the Kd Steel, and the Plaintiff owned a total of KRW 44,096,80 with respect to the Kd Steel. On April 10, 2015, the Plaintiff filed an order for payment of the above transportation expense claim with the Cheongju District Court 2015,186 against the Kd Steel Co., Ltd. (hereinafter “Sd Steel”), and the payment order was finalized on May 2, 2015.

B. The Defendant’s claim against the Defendant’s Kd Steel had a total of KRW 23,253,626 against the Kd Steel by supplying the steel strawer, etc. to the Kd Steel between January 2015 and March 2015, and had a total of KRW 23,253,626 against the Kd Steel.

C. The Plaintiff’s seizure and collection order, and the Defendant’s acquisition of the claim, ① On the other hand, the Kd Steel has a claim for the price of goods in KRW 7,960,416, which occurred around February 2015 (hereinafter “instant claim”) against the Plaintiff Company B (hereinafter “B”), and the location of the main office and some of its officers are “Kd Steel Co., Ltd.” (hereinafter “Kd Co., Ltd.”).

(2) On July 13, 2015, 2015, 36,559,848 won ( = 7,960,416 won + 28,59,432 won) against B was transferred to B, and sent to B the same day the notice of transfer was certified.

③ On August 13, 2015, the Plaintiff based on the original of the above payment order, filed a claim amounting to KRW 47,142,007 with Cheongju District Court Decision 2015TTB2054, totaling the claim amount, which is KRW 47,142,007.