(영문) 서울중앙지방법원 2014.03.20 2012가단162919

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(영문) 서울중앙지방법원 2014.03.20 2012가단162919

사해행위취소

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1. The amount of KRW 49,483,443 shall be 443,00,000,000,000,000.

Reasons

1. Facts of recognition;

A. The Plaintiff’s preserved claim provided goods and services from March 201 to March 2012 under a contract for the establishment, maintenance, and repair of security devices with a stock company A (hereinafter “debtor”) and acquired claims, such as the price of goods, from KRW 136,255,200, to the debtor company.

B. On March 30, 2012, the debtor company entered into a contract with the defendant on the assignment of claims between the debtor company and the defendant for the purpose of securing the obligation to be borne by the debtor company against the defendant, 49,483,443 won (hereinafter “the claim of this case”) of the price claim for the goods of the defendant company against the defendant company, and the purport of the said assignment of claims to the defendant on April 6, 2012 for the purpose of securing the obligation to be borne by the debtor company against the defendant (hereinafter “the assignment of claims of this case”).

C. At the time of the transfer contract of this case, the debtor company at the time of the debtor company's insolvency of the debtor company: (i) the claim in this case; (ii) the maintenance claim of KRW 35,933,333 per month against the Korea Securities Depository established on the premise of performing the duty of maintenance and repair (the expiration of the contract period on December 31, 2012); (iii) the maintenance claim of KRW 2,841,66 per month against the Presidential Security Office (the expiration of the contract period on June 30, 2012); (iv) the maintenance claim of KRW 800,00 per month against B (the expiration of the contract period on March 31, 2012); and (v) the appraised value of KRW 2.2.9,200,000 (based on June 21, 2012); (v) the creditor has already been liable for the principal of the loan to the foreign exchange bank; and (v) the Plaintiff and the creditor has already been liable for more than KRW 3. 16606 billion.

D's representative director of the debtor company is from April 2012, after entering into the contract for the assignment of claims of this case.

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