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(영문) 대구지방법원 김천지원 2018.04.05 2017가단32462
사해행위취소
Text

1. On September 22, 2016, the claims indicated in paragraph 1 of the attached Table between the defendant and the non-party 3 Electronic Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff loaned a total of KRW 1,170,000,000 as indicated in the following table to Samho Electronic Co., Ltd. (hereinafter “Tho Electronic”).

The loan period of the loan extended on July 28, 201, the loan period of the loan extended on the date of loan shall be 770,000,000,000 business ordinary loan by March 18, 2015 until January 20, 2017, until September 25, 2014, by November 20, 200,000 business ordinary loan, until September 25, 2016, 200,000 trade fund loans.

B. Three-electronics failed to repay loans on September 13, 2016, which was the maturity date of loans on March 18, 2015, and on the same day, there was a shortage of deposits in the Bank.

C. The Plaintiff filed an application for provisional attachment with respect to the claim for the price of goods against Jinyang Co., Ltd. (hereinafter “Jinyang”), and received a provisional attachment order with the claim amounting to KRW 1,085,353,666 on September 20, 2016 (Seoul District Court Kimcheon-gu 2016Kadan10346), and the foregoing provisional attachment ruling was served on Jinyang, a garnishee on September 26, 2016.

On September 22, 2016, Samho Electronic transferred to the Defendant a claim for the price of goods (hereinafter “instant claim”) indicated in the attached Table No. 1 of the List (hereinafter “instant contract for the assignment of claims”), and the notification of the assignment of claims reached the progress on September 23, 2016.

E. Jinyang deposited KRW 27,801,923 on the grounds that the assignment of claims to the Defendant of Samho Electronic and the provisional seizure against the Plaintiff’s claims are concurrent (Seoul District Court Decision 895 decided Oct. 7, 2016) and rendered a decision not to accept a report on the grounds of deposit on October 7, 2016.

F. On October 20, 2016, the Plaintiff received 592,773,496 won by subrogation from the Korea Credit Guarantee Fund, which issued a credit guarantee certificate for a loan as of July 28, 2011.

On March 18, 2017, the payment order was finally decided on March 18, 2017.

G. The plaintiff is not more than the claim stated in the attached list No. 2.

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