logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2017.04.05 2016가단30524
사해행위취소 등
Text

1. Each of the plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. Basic facts

A. The Sung Forest Co., Ltd. has the obligation to pay for the goods of KRW 384,450,000 to the re-friendly industry. On July 1, 2015, on the ground that the re-friendly industry is the transferor, the assignment of claims as of July 1, 2015 (hereinafter “transfer of claims of this case”) to which the Defendant was the transferee, and the seizure and provisional seizure of claims against the Plaintiffs, etc. as creditors, etc. as of August 11, 2015, deposited KRW 384,450,000 with the deposit industry or the Defendant of the Daegu District Court Branch of the Daegu District Court in 2015.

B. When the distribution schedule was prepared as follows: (a) on January 21, 2016, the distribution procedure for the distribution of distribution support C in the Suwon District Court under the report on the grounds for the distribution of the dividends by the Sung forest Co., Ltd., the amount of KRW 384,549,09,000 out of the said deposit (the amount to be actually distributed) was distributed to the Defendant; and (b) the remaining amount of KRW 9,098,098 was distributed to the Defendant, the Plaintiffs raised an objection against each of the Plaintiffs’ claims for provisional seizure out of the Defendant’s dividends (the Plaintiff’s claim amount of KRW 1,218,00,000, KRW 158,775,000,000, KRW A2,6420,00 of the amount

C. The Plaintiffs filed a lawsuit against the Defendant seeking revocation of the instant assignment of claims and revision of the distribution schedule on the ground that the assignment of claims in the instant case was a fraudulent act under the Suwon District Court’s Ansan Branch 2016Gahap162.

In the above lawsuit on November 29, 2016, "1.........., the amount of dividends against the Defendant was KRW 9,141,097, KRW 54,092, KRW 54,747,092, KRW 00, KRW 181,114, KRW 00, KRW 384,450,000, KRW 384,450,000 for the Defendant, among the dividend schedule prepared by the above court on January 21, 2016, the amount of dividends against the Plaintiff Young Jjin Heavy Heavy, Co., Ltd., Ltd., was corrected to KRW 18,215,694, KRW 18,694, and KRW 384,450,00 for each of the plaintiffs' claims against the Defendant on February 2, 201, respectively (hereinafter referred to as the "instant mediation").

【Ground for recognition” has no dispute, and Gap 2 evidence 1-4, respectively.

arrow