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(영문) 서울중앙지방법원 2015.04.09 2014가합573312
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Facts of premise;

A. The director of the tax office affiliated with the Plaintiff’s claim against the Intervenor was determined and notified to the Intervenor in 207, the corporate tax for the year 2009, the amount of the labor income tax for the year 2008, the amount of the labor income tax for April 2009 through July 7, 2009, the amount of the labor income tax for the year 2006, the retirement income tax for the year 2007, the amount of the labor income tax for the year 2007, and the amount of the labor income tax for the year 2007, 208, 208, and 321,369,420, the amount of the value-added tax for the year 209, but the Intervenor did not pay the above notified amount.

After that, as of January 9, 2015, the above corporate tax, etc. of the Intervenor was corrected for the Intervenor, the sum of 118,66,070 won (including additional 34,095,970 won) of the amount of delinquent corporate tax, etc. of the Intervenor was 18,66,070 won.

B. On July 29, 2013, the Intervenor and the Defendant agreed to the effect that “In relation to the lawsuit for the return of unjust enrichment by the Seoul Central District Court 2012Gahap81086, the Korea Resources Investment and Development (Seoul Central District Court 2012Gahap81086) paid to the Intervenor and the Intervenor KRW 1 billion as agreed amount until March 31, 2014, the dispute over the said lawsuit shall be concluded.”

On January 14, 2014, the Intervenor transferred the claim amounting to KRW 1 billion for the development of Korea Resource Investment (hereinafter “instant assignment contract”) to the Defendant, and on January 15, 2014, notified the assignment of claim for the development of Korea Resource Investment and notified the fact of the assignment of claim on January 16, 2014, the above notification reached the development of Korea Resource Investment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 8, 10 (including branch numbers), the purport of the whole pleadings

2. The value of active property owned by the Intervenor at the time of the transfer of the instant claim by the Plaintiff was KRW 1,815,849,300 as shown in the attached Table (1). The value of the Intervenor’s passive property as indicated in the attached Table (2) was a total of KRW 3,501,369,420 as shown in the attached Table (2). As such, the Plaintiff’s supplementary intervenor at the time of the transfer of the instant claim from the preparatory document dated January 10, 2015.

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