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(영문) 수원지방법원안양지원 2016.07.08 2015가합104263
사해행위취소
Text

1.(a)

The assignment contract between the defendant and the Haak Unemployment Co., Ltd. was concluded on February 14, 2014 and the 1,100,000,000 won.

Reasons

1. Basic facts

A. The Plaintiff Company had a transactional relationship with the Plaintiff Company, which is engaged in painting construction, stove construction, aesthetic field construction, waterproof construction, etc., the Plaintiff Company engaged in steel sales business, and the Plaintiff Company engaged in secondary steel sales business (hereinafter “vegetable unemployment”).

B. Dental Unemployment was refused to pay the due date of February 15, 2014, which was presented by the Steel Co., Ltd. on February 15, 2014, and was in default. This likewise applies until the date of closing argument in this case.

C. Meanwhile, on February 14, 2014, the Incidental Unemployment entered into a contract with the Defendant to transfer the claim amounting to KRW 1.1 billion to Dongyang Co., Ltd. (hereinafter “Dongyang”) (hereinafter “instant transfer contract”) and notified the Defendant of the said transfer to Dongyang at that time.

The Defendant agreed to receive the above KRW 1.1 billion by dividing the shares of the said KRW 1.1 billion with the shares in cash, and then received 248,000 shares (amounting to KRW 2,500) equivalent to KRW 620,000 on June 19, 2014 from the Dongyang, and received KRW 251,122,326 on November 11, 2014.

[Reasons for Recognition] The facts without dispute, Gap's statements in Gap's 1 to 3, 5, and 7 (including the provisional lot number application in case of provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the claim for revocation of fraudulent act

A. The fact that the Plaintiff, upon the occurrence of the preserved claim, has a claim of KRW 721,90,00 in total, including the sum of KRW 44,660,00 in the amount of goods out of January 2, 2014, KRW 85,687,80 in the amount of goods out of February 2, 2014, KRW 60,612,200 in the amount of the outstanding amount of goods, and KRW 531,030,00 in the amount of the bill of exchange, and KRW 721,90,00 in the amount of the outstanding amount of goods out of KRW 5,60 in the amount of goods

Therefore, the above claim becomes a preserved claim against the revocation of the fraudulent act in this case.

(b) Where the existence of a fraudulent act or intent to cause damage is insufficient for the obligor to fully repay his/her obligation, special circumstances are provided to a certain obligee if the obligor provided his/her property as payment in kind or as a security.

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