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(영문) 부산지방법원 2018.02.21 2016가합47846
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 28, 2014, 2014, Daeg Co., Ltd. (hereinafter referred to as “Greging”) had a claim equivalent to KRW 516,505,770 (hereinafter referred to as “instant sales claim”) against call doping (hereinafter referred to as “creging”). However, the Defendants transferred the said claim to the Defendants within the limit of KRW 80,000 (hereinafter referred to as “transfer of claim”), and the notice of the said transfer reached call doping following the said period.

B. Meanwhile, regarding the instant sales claim, provisional attachment, seizure, and collection order was issued upon the motion of creditors regarding the instant case as stated below.

Therefore, call doping is the above provisional seizure, etc. A.

On February 25, 2015, the claim amount of KRW 516,505,770 of the sales claim amount of this case as Busan District Court Decision 1945 was delivered to the principal or the Defendants on February 25, 2015, and on October 20, 2014, Busan District Court 2014Kahap1348 claims provisional seizure D 13,340,000 won (sale price) on November 12, 2014, Busan District Court 2014Kadan8549 claims and KRW 1,000,000,000,000 KRW 348,000,000,000 KRW 1,000,000 on November 24, 2014, Busan District Court 2014; Busan District Court 203Da5484970, Nov. 24, 2014; and 34, Busan District Court 20194.48

(c) call doping above;

In the Busan District Court C’s distribution procedure conducted as stated in the foregoing paragraph, the above court prepared a distribution schedule with the content that dividends amounting to KRW 516,975,361 as follows (hereinafter “instant distribution schedule”). The Plaintiff raised an objection to the entire dividend amount of the Defendants.

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