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(영문) 수원지방법원 2018.09.05 2016가단802138
부인의 소
Text

1. It is against KRW 116,473,35 of the deposit money deposited by the Suwon District Court No. 10549 of 2016 on November 11, 2016.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a company that engages in manufacturing and wholesale and retailing lighting of ELD (LED).

B. On June 7, 2016, A transferred to the Defendant a claim for the price of goods held D (D; hereinafter “D”) (hereinafter “instant claim”) with respect to D (hereinafter “D”).

(hereinafter “instant assignment of claims”). Around that time, the Defendant sent notification of the instant assignment of claims to D on behalf of A, and the said notification reached D around June 14, 2016.

C. On August 30, 2016, A filed an application for bankruptcy with the Suwon District Court 2016Hahap37, and was declared bankrupt on October 18, 2016.

D On November 11, 2016, 2016, on the grounds that “A has a written lawsuit that would proceed with bankruptcy procedures, and there is doubt about the validity of the assignment of claims between A and the Defendant,” the deposited deposited KRW 116,473,335 of the balance of the goods price to A and the Defendant on the ground that the obligee cannot be known without negligence due to the circumstance, such as “A has the effect of the transfer of claims between A

(hereinafter referred to as “instant deposit”). (e)

On December 9, 2016, the Plaintiff appointed as a bankruptcy trustee A filed the instant lawsuit to the effect that the assignment of the instant claim is denied.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination as to the cause of action

A. The “act of having knowledge that the debtor would compromise any bankruptcy creditor”, which is an act subject to the avoidance under Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act, is not only an act of reducing the bankruptcy estate by deviating from the debtor’s general property, which is a joint security for all creditors, from the bankruptcy estate, but also an act of lowering the debtor’s general property, which is a joint security for all creditors, but also an act of affecting the debtor’s property relationship with a specific creditor, such as repayment or provision of security against a specific creditor, so that the said

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