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(영문) 수원지방법원성남지원 2015.12.29 2015가단216245
전부금
Text

1. The Plaintiff, Defendant A, Defendant A, Defendant B, Defendant B, KRW 29,90,814, and each of them, from September 11, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On December 5, 2012, the Japanese Steel Co., Ltd. (hereinafter “Nonindicted Steel”) entered into a contract with the New Steel Co., Ltd. (hereinafter “New Steel”) to the effect that the claim for the purchase price of KRW 38,865,060 is transferred to Defendant A of the Japanese Steel (hereinafter “instant contract for the transfer of claim”). On December 6, 2012, the said notice was sent to Defendant A by content-certified mail, and the said notification was sent to Defendant A on December 6, 2012.

On November 27, 2012, the Japanese Steel Co., Ltd. entered into a contract to transfer the claim for the purchase price of KRW 38,865,060 to Defendant A of the Japanese Steel (hereinafter “instant contract for the transfer of claim 2”). On December 13, 2012, the notice of the transfer of claim to Defendant A by content-certified mail was sent to Defendant A, and the said notice was sent to Defendant A on December 13, 2012.

B. On December 5, 2012, the Japanese Steel entered into a contract with the Defendant B to transfer the claim for the purchase price of KRW 29,900,814 to the Defendant of the Japanese Steel (hereinafter “instant contract for the transfer of the third claim”). On December 6, 2012, the Defendant B notified the transfer of the claim by content-certified mail, and the said notification reached Defendant B on December 6, 2012.

C. The Plaintiff filed a lawsuit seeking revocation of the fraudulent act against the Suwon District Court 2013Gahap26664 with respect to the claim for the purchase of goods against the Japanese Steel as the preserved claim.

In the above lawsuit, the above court revoked the above 1, 2, and 3 claims transfer contract of this case on the ground that the above 1, 2, and 3 claims transfer contract of this case constitutes fraudulent act, and <2> restitution is made by transferring 38,865,060 won to the defendant Samsung Steel, and notify the defendant A of the above assignment; transfer 29,90,814 won to the defendant Samsung Steel and notify the defendant B of the above assignment.

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