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(영문) 서울동부지방법원 2015.05.26 2013가합106794
사해행위취소
Text

1. As to each claim described in the [Attachment 1, 2, and 3] List on May 10, 2013 between the defendant and the non-party farming association corporation B.

Reasons

1. Basic facts

A. The Plaintiff is a livestock farmer operating a “D”, a Cagency, at his/her domicile.

The defendant is a company whose main business purpose is the supply of livestock products.

The non-party B farming association (hereinafter referred to as "non-party farming association") is the farming association established by the livestock farmers as the main livestock.

B. Around November 9, 2011, the Plaintiff lent KRW 200,000,000 to the non-party farming association corporation with mechanical purchase funds and operating funds.

On June 28, 2013, the non-party farming association established a notarial deed of debt repayment agreement (No. 840 of 2013, the 2011, which the notary public signed to the Plaintiff on November 9, 2011, stipulating that the Plaintiff shall pay 200,000,000 won and 16% interest per annum to the Plaintiff.

The repayment period of the above borrowed money stated in the notarial deed is May 10, 2013.

C. From around 2009, the Defendant has supplied the non-party farming association with import duty as a raw material for feed.

On May 10, 2013, the non-party farming association transferred each of the claims listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “instant claim assignment contract”) to the Defendant as security of KRW 212,422,313 of the credit payment obligations for the goods accumulated from around the time of the transfer from around May 10, 2012 to the time, and notified each debtor of the fact of the assignment of claims as content certification.

On May 13, 2013, the non-party farming association transferred to the Plaintiff the claim for attempted feed, and the total amount of KRW 136,095,896 in the column of the total amount of the claim under the contract for assignment of claims is as set forth in the attached Table 4, which the Plaintiff asserted as the claim that was transferred to the Defendant before changing the purport

this entry.

The Plaintiff obtained a fixed date (Seoul District Court Decision 126 on May 13, 2013) in the said assignment contract.

E. Meanwhile, the non-party farming association did not agree with the defendant on the assignment of claims.

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