beta
Text
1. The assignment contract entered into between the Defendant and B on November 21, 2017 with respect to the claims indicated in the separate sheet.
Reasons
1. Facts of recognition;
A. The transfer and deposit of the instant goods payment claim 1) B (hereinafter “B”).
A) Around 2017, after being awarded a contract for the manufacture of multiple machinery and parts from D, subcontracted part of them to E, F, G, H, etc. Around November 2017, B had not been subject to pressure of funds and returned to bankruptcy. B (2) On November 21, 2017, B transferred (hereinafter “the instant claim for the price of goods”) to the Defendant in an amount equivalent to KRW 88,290,950 in the attached list (hereinafter “instant claim for the price of goods”) out of the claim for the price of goods held by B (hereinafter “C”), and notified the transfer of the claim by mail with a fixed date-certified contents certification in C on the same day. Around that day, the notice was delivered to C.
3) With respect to the above goods-price claim claim that B had against C, the provisional attachment order, etc. was served between November 21, 2017 and March 14, 2018. 4) C was delivered to C on March 15, 2018 by the Suwon District Court, under Article 540 of the Suwon District Court, the term “depositor” as “Plaintiff, etc.,” and the underlying Acts and subordinate statutes as “Article 487(1) of the Civil Execution Act,” and “the fact of the cause of deposit” as “Article 248(1) of the Civil Execution Act,” and “B was served on the said goods-price claim claim amounting to KRW 88,290,950, as above, on the ground that the provisional attachment order, etc. was served on the said goods-price claim amounting to KRW 23,000,000,000,000 for which B had been made by mixing for reasons of creditor probability and competition
A mixed deposit of KRW 888,290,950 (hereinafter “the deposit of this case”) was made with the goods-price liability of this case.
B. At the time of the assignment of the instant claim, B’s financial status B was in excess of the active property as follows at November 21, 2017, which is the date of the assignment of the instant claim, and was under pressure due to the financial institution’s default on loans, etc., which led to the financial pressure around November 2017.
1) Preliminary property is equivalent to approximately KRW 2.255,534 million in the market value (as against land, factories, machinery, apparatus, and D).