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(영문) 서울중앙지방법원 2017.04.28 2016가단5195820
사해행위취소 등
Text

1. An agreement between the Sejong Metal Co., Ltd and the Defendant as security in the attached list entered into on August 7, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for the price of goods is a company that runs the business of manufacturing and selling pipes.

The Plaintiff supplied goods to the Sejong Metal Co., Ltd. (hereinafter referred to as “sub-metallic”), but did not receive 93,157,944 won from the Sejong Metal.

B. On June 24, 2014, the asset status and rehabilitation procedures of the Sejong Metal were processed by the final panel on the basis of June 24, 2014. On June 24, 2014, the active property of the Sejong Metal as of the base date was approximately KRW 7.8 billion, while the small property was not less than KRW 8.1 billion, the small property was at least KRW 8.1 billion. On June 20, 2014, the Seoul Central District Court filed an application for commencement of rehabilitation procedures with the Seoul Central District Court 2014hap128 on June 20, 2014. On June 25, 2014, the said court issued a comprehensive prohibition order with the purport that “for all rehabilitation creditors and rehabilitation secured creditors until a decision is made to commence rehabilitation procedures, rehabilitation claims are prohibited from the compulsory execution, provisional seizure, provisional disposition, or the auction procedure for the exercise of a security right”.

The general prohibition order was announced on the same day.

3) On August 14, 2014, the said court rendered a decision to commence rehabilitation procedures for Sejong Metals, but thereafter the said rehabilitation procedures were abolished. C. Before the commencement of the said rehabilitation procedures, the Defendant had a claim for the price of goods against Sejong Metals in KRW 74,465,983.

2) When the Sejong Metal requested the Defendant to provide additional goods, the Defendant received each of the bills in the separate sheet on August 7, 2014 for the repayment of the existing goods price claim, etc. from the Sejong Metal, or as a security therefor (hereinafter referred to as the “bill Security Agreement”).

(3) On August 18, 2014, the Defendant additionally supplied goods equivalent to KRW 42,149,239 to the Sejong Metal.

The Defendant presented to pay each of the above bills delivered from Sejong Metal, and received each of the bills of exchange at KRW 17,110,000 on November 14, 2014 and KRW 30,879,660 on November 24, 201 of the same year.

[Grounds for recognition] Unsatisfy, A No. 1.

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