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(영문) 수원지방법원 안양지원 2018.11.02 2015가합101264
사해행위취소
Text

1. Defendant B Co., Ltd.: (a) KRW 354,693,689 on the Plaintiff and KRW 20% per annum from April 10, 2015 to September 30, 2015.

Reasons

Basic Facts

From around 2009 to 2014, the Plaintiff acting as an agent for the import of small home appliances and mistakenly for Defendant B, and was paid the credit settlement amount and the import agency fee for the said imported goods from Defendant B.

(hereinafter referred to as “import agency contract of this case.” The credit payment of which the Plaintiff had opened a credit between 2013 and 2014 under the import agency contract of this case and had it imported to Defendant B on behalf of the Plaintiff is KRW 135,65,759 [the credit payment number: D (the date of the credit payment: August 2, 2013); E (the date of the payment of the bank: August 14, 2013; August 26, 2013); G (the date of the payment of the bank: August 8, 2013); G (the date of the payment of the bank: May 16, 2014; July 15, 2014); G (the date of the payment of the bank); KRW 76,177,074 [the number of won], KRW 135,75,754 [the number of won (the date of the credit payment: H. 2, 2013].

On the other hand, around May 2018, I (hereinafter “I”) transferred to the Plaintiff the claim amounting to KRW 252,920,859, including the L/C settlement amount and the L/C issuing agency fee to Defendant B, and notified Defendant B of the transfer on May 23, 2018.

(2) According to the above facts, the court below's decision on the claim against the defendant B and the purport of the entire arguments and the whole purport of Gap evidence Nos. 1-1 through 3, Gap evidence Nos. 1-3, Gap evidence Nos. 4-2, Gap evidence Nos. 5 and 6, Gap evidence No. 15-1 and Nos. 15-2 is examined. According to the above facts, defendant B and defendant Nos. 464,693,692 won (=the amount of claim due to the transfer of claim Nos. 211,772,833 won (the amount of claim due to the transfer of claim No. 252,920,859 won due to the import agency contract of this case) and the transfer of claim No. 110,693,6924,692,6924,693,6920,900,910,000 won and the following day of lawsuit No. 10630,940.

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