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(영문) 서울동부지방법원 2020.07.22 2020가단102601
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) D Co., Ltd. (hereinafter “D”)

(2) Since around October 2016, the Plaintiff received a loan from a financial institution under the Plaintiff’s credit guarantee. Since around 2013, D lost the benefit of the term of the loan obligations, the Plaintiff subrogated for D’s loan obligations to financial institutions on May 17, 2016 and May 24, 2016. 2) The Plaintiff applied for a payment order against D Co., Ltd. (hereinafter “D”) to seek reimbursement for the amount of reimbursement under the said subrogation and received a payment order (Seoul Western District Court Decision 2016 tea73859), and the said payment order became final and conclusive on November 5, 2016.

The amount of claim against the plaintiff D is KRW 169,430,379 as of January 13, 2020.

B. The Defendants’ supply of goods to D, etc. was supplied with construction materials from April 2014 to June 2016 by the Defendants.

The Defendants filed a lawsuit against D to claim the price of goods (Seoul Eastern District Court 2016Gahap107095). On June 14, 2018, the first instance court sentenced D to the judgment that “D shall pay KRW 400,517,301 to Defendant A, KRW 360,659,233 to Defendant B, and damages for delay,” and the said judgment became final and conclusive around that time.

C. D’s assignment 1) On January 20, 2016, D was subcontracted to KRW 1,431,760,000 of the cost of internal stuffing construction among Goyang-si F&C. 2) Defendant A received from D on March 24, 2016 the certificate of assignment of claims stating that “The claim amounting to KRW 509,75,227, which should be paid from E is transferred to Defendant A without any objection,” and the notice of assignment of claims stating that “E is transferred without any objection to the said assignment of claims.”

In addition, Defendant B shall notify the Plaintiff of the assignment of claims of KRW 412,652,564 from D on the same day with the content that “assigns claims of KRW 412,652,564 to the Plaintiff B without any objection.”

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