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(영문) 서울서부지방법원 2018.02.28 2016가단31544
사해행위취소
Text

1. The claim entered in the separate sheet on May 19, 2015 between the Defendant and Thai Plus Co., Ltd. is concluded.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is deemed to be Tae Chang Plus Co., Ltd. (hereinafter “ Tae Chang Plus”) around March 2, 2012.

(2) On March 19, 2015, the Plaintiff concluded a clothing sales agency contract with the Plaintiff and paid KRW 30,000,000. The Plaintiff terminated the said agency contract on March 28, 2015, and, as Tae Chang Chang Plus did not refund the said transaction deposit, on January 28, 2016, the Plaintiff concluded a lawsuit against Tae Chang Plus with the Plaintiff and rendered a judgment that “Trus shall pay to the Plaintiff 30,000,000 won with the interest of KRW 15% per annum from November 29, 2015 to the day of full payment.” The judgment became final and conclusive around that time (Seoul District Court Branch Branch Decision 2015Da9856, May 2, 2015). However, Tae Chang Plus entered the claim transfer (hereinafter “the instant claim transfer”) between the Defendant and the Defendant in the separate sheet and the Defendant (hereinafter “the instant claim transfer”).

At the time, Thai Plus was in excess of the obligation to the creditors, including the plaintiff, in excess of the active property.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1, 2, 5, and 6 (including paper numbers), the purport of the whole pleadings]

B. According to the above facts of recognition, the assignment of claims of this case is a fraudulent act that causes damage to the general creditors including the plaintiff, and is also recognized as the intention of fluor's death.

On the other hand, the Plaintiff’s claim against Spans, a preserved claim, is KRW 30,00,000 in total and KRW 9,616,438 in damages for delay from November 29, 2015 to January 17, 2018, which is the closing date of the pleadings in this case, and KRW 39,616,438 in total.

Therefore, barring special circumstances, the assignment contract of this case is 39.

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