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(영문) 인천지방법원 부천지원 2018.04.24 2017가단100644
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff supplied construction materials, such as Aluminium and non-ferrous metal, to E (hereinafter “E”), and the Plaintiff’s price claim amounting to KRW 200,310,440 for the goods by May 27, 2016 is KRW 208,034,530 for the goods price claim until June 17, 2016.

B. On June 22, 2016, the Plaintiff was issued, delivered, and delivered, on June 25, 2016, a money loan agreement No. 474 (No. 474, 2016; hereinafter “notarial deed of this case”) with the content that the Plaintiff had due date for KRW 180 million out of the price of the goods.

C. On October 26, 2016, the Plaintiff filed a lawsuit against E for the payment of the remainder of the goods, as the Daejeon District Court 2016Kadan229, the Daejeon District Court sentenced that “Defendant E shall pay 28,034,530 won and delay damages to the Plaintiff in the instant case,” and the said judgment became final and conclusive around that time.

E entered into an agreement with Defendant B (hereinafter “Defendant B”) on June 3, 2016 on the assignment of claims worth KRW 180,000,000,000,000,000,000 for soundproofs and soundproofs and Vibrationing Walls to Defendant B (hereinafter “instant first assignment contract”), and E notified the said assignment of claims to G Co., Ltd. on June 23, 2016, and around that time, E sent the said notification to G Co., Ltd.

E. On July 29, 2016, E entered into a contract on the assignment of claims (hereinafter “instant secondary assignment of claims”) with the content of transferring the claim of KRW 314,105,400, the cost of the vehicle protection fence construction to Defendant B among the Section 2 (Civil Works) of H Corporation to the Republic of Korea (the Public Procurement Service) with Defendant B, and E notified the said assignment of claims on the same day, and at that time, E sent the said notification to the Seoul Local Government Procurement Service.

F. At the time of entering into each of the above assignment contracts, E is an obligation to pay for the goods to the Plaintiff, and an obligation to lend to the I Bank and J Bank.

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