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(영문) 인천지방법원 2016.08.23 2016가합50524
사해행위취소
Text

1. It was concluded on March 9, 2015 between the Defendant and CTR Co., Ltd. regarding the claims listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. On March 28, 2013, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and CTR Co., Ltd. (hereinafter “CTR case”)

B) As regards the loan of KRW 1 billion for a general driving fund from a national bank, the CTR entered into a credit guarantee agreement with the guarantee principal of KRW 900 million and the guarantee term until March 27, 2014 (hereinafter “instant credit guarantee agreement”) in order to secure payment of KRW 900 million among them (hereinafter “instant credit guarantee agreement”).

2) The term of guarantee of the instant credit guarantee agreement was extended to May 20, 2016, on the basis of the instant credit guarantee agreement.

B. On July 17, 2015, C&T caused an accident requiring credit guarantee and Plaintiff’s subrogation. On or around November 13, 2015, the Plaintiff paid 886,536,283 won to the National Bank for C&T to the National Bank. (2) On or around October 14, 2015, the Plaintiff provisionally seized the Plaintiff’s claim for construction payment against C&C as Seoul Western District Court Decision 2015Kahap50506, 200,000 won as the claim amount.

C. On January 28, 2013, the Defendant entered into a supply contract and an assignment contract between the Defendant and the Defendant: (a) around January 28, 2013; (b) around 4,402,50,000 won of the co-days to be used in the same ducheon Complex; and (c) around June 21, 2014, the Defendant completed the supply; (b) around June 21, 2014, the Defendant urged the Defendant to pay the remaining amount of KRW 808,50,000 in the supply price to CTR; and (c) around March 9, 2015, CTR transferred the bonds listed in the separate sheet (hereinafter “instant bonds”); and (d) around March 11, 2015, the Defendant notified the Defendant of the transfer of the transfer of the claim to Samsung C&T.

hereinafter referred to as “the assignment of claims” in the instant case.

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