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(영문) 인천지방법원 2018.08.17 2017가단247526
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part resulting from the intervention by the Plaintiff is the Intervenor joining the lawsuit.

Reasons

1. Basic facts

A. From September 2016, the Plaintiff’s Intervenor supplied goods, such as main goods, to Nonparty Hyundai Steel Industry Co., Ltd. (hereinafter “Nonindicted Company”) over several years. Nonparty Company failed to pay KRW 67,062,039 out of the price of goods to the Plaintiff’s Intervenor.

Accordingly, on December 2, 2016, the Plaintiff’s Intervenor filed a lawsuit against the Nonparty Company for the claim for the payment of goods, and on December 2, 2016, the payment order was issued to the Plaintiff’s Intervenor for the KRW 67,062,039 and the annual interest rate of KRW 5% from October 27, 2016 to December 8, 2016 and KRW 15% from the following day to the date of full payment.

B. On June 30, 2016, Nonparty Company completed the registration of ownership transfer for each of the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Nonparty Company on June 10, 2016 (hereinafter “instant sales contract”).

C. On August 3, 2017, the non-party company was declared bankrupt on August 16, 2017 by the Incheon District Court 2017Hahap17, and the Plaintiff was appointed as the bankruptcy trustee of the non-party company.

In addition, the Plaintiff taken over the litigation procedures of the instant lawsuit filed by the Plaintiff’s Intervenor, and changed the lawsuit seeking revocation of fraudulent act into the lawsuit seeking avoidance as stipulated in the former Debtor Rehabilitation and Bankruptcy Act (hereinafter “DRB”). D.

The non-party company did not own any other property than the instant real estate at the time of the instant sales contract.

[Reasons for Recognition] The facts without dispute, significant facts in this court, Gap evidence Nos. 1, 2, and 6 (including additional numbers), the purport of the whole pleadings

2. Determination

A. (i) According to Article 391 Subparag. 1 of the Debtor Rehabilitation Act, the bankruptcy trustee would impair the bankruptcy creditor on behalf of the bankruptcy estate.

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