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(영문) 청주지방법원영동지원 2019.11.27 2019가합582
사해행위취소
Text

1. The conjunctive claim portion among the instant lawsuit shall be dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are corporations that engage in the manufacture and sales of electric wires, and F are corporations that engage in the wholesale business of electric wires and electrical equipment with the trade name of “G” and are supplied with electric wires and cables from the Plaintiff and the Defendant.

B. On June 7, 2018, F drafted a four-section assignment contract on the assignment of claims to the Defendant against his/her third-party obligor, and each of the above contracts was in blank by the third-party obligor, the kind of claims, the amount of claims, and the amount of assignment.

(hereinafter “each of the instant assignment contracts”) On June 14, 2018, F granted the Defendant the right to supplement the blanks of each of the instant assignment contracts.

C. On August 28, 2018, the Defendant stated the third debtor column of each of the instant assignment contracts in the column of the third debtor, H, I, J and K Co., Ltd. (hereinafter “Co., Ltd.”) respectively, and supplemented the same amount as KRW 256,589,324 in the bond type column to the same amount of goods, the amount of credit and the amount of transfer as KRW 256,589,324, respectively.

J applied for the commencement of simplified rehabilitation procedures to the Daegu District Court on September 21, 2018, and received a simplified decision on October 31 of the same year.

(2018 Transboundary1014). e.

On February 27, 2019, F holds a claim for the price of goods against F to the Daegu District Court. On the ground that F, in addition to the assignment of claim for the price of goods between the Defendant and F, in addition to the assignment of claims between the Defendant and F, the Plaintiff and L Co., Ltd. received a provisional attachment order issued by F, the creditor of F, and the creditor of the provisional attachment, etc., the deposited person is the Defendant or F, and on the ground that the evidence protocol is governed by the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, and deposited KRW

(No. 1100), and H around March 2019, deposited 79,19,190,617 won in the same court with the same reason (No. 1410 in 2019), and K on the same ground as the same court on March 18, 2019.

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