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(영문) 광주지방법원 2019.01.09 2017가단529668
사해행위취소
Text

1.(a)

On July 2016, Defendant C and Nonparty E are related to the claims described in paragraph 1 of the attached Table between Defendant C and Nonparty E.

Reasons

1. Basic facts

A. The Plaintiff, a company selling ready-mixed, etc., filed a lawsuit for payment claim against Non-Party E (E) Limited Partnership Company E (hereinafter “E”), Seoul Southern District Court Decision 2017Da238275, Nov. 15, 2017. The Plaintiff’s claim based on the above judgment is equivalent to KRW 160,221,840 and damages for delay.

B. On July 25, 2016, E transferred KRW 1,320,00 (the claim stated in paragraph (1) of the attached Table) to Defendant C Co., Ltd. (hereinafter “Defendant C”), KRW 1,421,00,000 (the claim stated in paragraph (2) of the attached Table) among the claim against Nonparty F District Housing Association (hereinafter “F Housing Association”) to Defendant D (hereinafter “Defendant D”), and notified each of the assignment of the claim to the F Housing Association on August 2, 2016.

C. On July 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) was engaged in credit card lending transactions in the amount of KRW 500,000,000, KRW 25,000, KRW 2500,000, KRW 200, and KRW 20,000, KRW 20,000. The credit card lending transactions in the amount of KRW 400,000, KRW 300,00, KRW 100,000 with Defendant D.

On August 3, 2016, Defendant C and D re-transfer the instant claim to Defendant B for the purpose of securing all of the present and future obligations due to ordinary loan, bill discount, and credit card transaction, and Defendant B delegated the authority to notify the assignment of the claim to the F Housing Association on August 4, 2016.

E. On August 18, 2016, Defendant B filed a lawsuit seeking the payment of the instant claim against the F Housing Association, and obtained a favorable judgment on October 19, 2017, and the said judgment became final and conclusive on November 14, 2017.

The F Housing Association is above Defendant B after the above judgment became final and conclusive.

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