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(영문) 서울남부지방법원 2017.04.07 2016가단40822
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the steel plate processing and manufacturing business, steel wholesale and retail business, and the same-sex-ethyl corporation (hereinafter “sex-ethyl”) is a corporation that runs steel wholesale and retail business, and steel structure manufacturing business.

B. From September 2012 to March 2013, 2013, the Plaintiff processed and supplied steel to same volumeethyl, and the Plaintiff did not pay KRW 28,907,046 out of the price. As such, the Plaintiff filed a lawsuit for claiming the payment of goods against Suwon District Court 2014Gadan6176, Dec. 4, 2014, the Plaintiff was sentenced to “the Plaintiff shall pay to the Plaintiff 28,907,046 won with 20% interest per annum from April 9, 2014 to the day of full payment,” and the said judgment became final and conclusive around that time.

C. Meanwhile, while filing a lawsuit of demurrer against B, ethyl filed an application for the suspension of compulsory execution with the Suwon District Court 2014Kaga84 as a provisional disposition against B, and on February 10, 2014, as security for the suspension of compulsory execution, the Incheon District Court deposited KRW 50 million with the deposited person as B in gold No. 1024 in 2014.

On February 27, 2014, the Defendant entered into an agreement on the transfer of a claim for the payment of KRW 110,000,000,000,000 deposited on December 3, 2013, and notified the Defendant of the fact of transfer on March 6, 2014.

F. However, when the Defendant came to know that there was a clerical error (hereinafter “C”) in the front of the Defendant’s resident registration number as stated in the foregoing bond transfer and takeover contract, ethyl and the Defendant drafted a bond transfer and takeover contract with the same content by modifying the Defendant’s resident registration number on June 10, 2014, and notified the Republic of Korea of the transfer on June 11, 2014.

[Grounds for recognition] Unsatisfy, A No. 1.

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