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(영문) 광주지방법원 2020.09.22 2020가단6059
사해행위취소 등
Text

1. On November 7, 2019, between the defendant and C, the E-Newly constructed apartment construction corporation of C on November 7, 2019.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff Company C (hereinafter “C”) by November 2019.

(2) The Plaintiff was issued three copies of an electronic bill, the total face value of which was KRW 340,00,000, from May 2, 2019 to September 2019, when the Plaintiff received three copies of the electronic bill, which was the sum of the face value of KRW 340,000,000, from C.

3) The Plaintiff applied for a payment order seeking payment of KRW 812,438,600 in total with the above construction cost and the promissory note amount, and received a payment order as of November 29, 2019. The said payment order became final and conclusive as C did not object thereto. (b) C’s insolvent 1) was unable to settle the promissory note on November 10, 2019.

2) In addition to the Plaintiff, C bears a lot of obligations against G, H, and I, and is insolvent even at the time of the closing of argument in the instant case. C’s assignment of claims and payment of claims against C in relation to the new construction of the E apartment. However, C had a claim for the construction cost against D in relation to the new construction of the E apartment, but among them, the claim KRW 100,000,000 (hereinafter “instant claim”).

) A transfer to J on November 7, 2019 (hereinafter “instant transfer contract”) is made.

(B) The claim in this case was paid on November 29, 2019, and it was paid to the K account of a national bank established in the name of the Defendant, such as “B”. [Grounds for recognition] The fact that there is no dispute, A’s evidence 1 through 6 (including a serial number, if any; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Determination

A. According to the existence of the preserved claim and the above facts, at the time when C transferred the instant claim on November 7, 2019, the Plaintiff had a claim for construction price and a bill payment against C.

B. According to the above facts based on the fraudulent act, C was in bankruptcy on November 10, 2019, and the transfer contract of this case that transferred the instant claim on November 7, 2019.

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