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(영문) 수원지방법원평택지원 2014.09.05 2013가합4489
사해행위취소
Text

1. Each claim indicated in the separate sheet between the Defendant and the Japanese Steel Co., Ltd. was concluded on November 29, 2012.

Reasons

1. Basic facts

A. The Plaintiff, a company engaged in the manufacture, sales, etc. of the steel pipes, supplied steel owners with steel pipes and other goods, and was not paid for the goods.

Accordingly, on April 29, 2013, the Plaintiff applied for a payment order against Il Steel Co., Ltd. to pay the price for goods, and on April 29, 2013, the Plaintiff received an order to pay the Plaintiff KRW 1,058,151,794 and its delay damages. The above payment order was finalized around that time.

(C) The Seoul Special Metropolitan City Court 2013j1031.2

The Japan Steel Co., Ltd. held each of the claims of this case (hereinafter “the claims of this case”) with respect to the U.S. Construction (State), (State) order development, (State) development, and (State) interference industry (hereinafter “U.S. Construction, etc.”) as shown in the separate sheet as shown in the separate sheet. According to each of subparagraphs 8-1 and 2-1 of the evidence No. 8-2 as of November 29, 2012, the date of the assignment of claims for the (State) interference industry is “No. 29, Nov. 29, 2011,” but this is not a dispute between the parties.

The Defendant entered into an agreement on the assignment of claims between the Defendant and the assignment of claims of this case (hereinafter “instant assignment agreement”) and notified the Defendant of the assignment of claims to the said Company on December 2, 2012.

C. The Japanese Steel Co., Ltd. was in excess of its obligation on November 29, 2012, and was finally in arrears on December 4, 2012 after November 30, 2012.

(A)The Defendant has received all payments under each of the instant assignment contracts from the other companies except for the conflict industry.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 11 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The following circumstances, which are acknowledged as being comprehensively taken into account the facts acknowledged as above and the purport of the entire pleading in Gap evidence No. 1, are the Plaintiff’s Japanese Steel Co., Ltd.

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