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(영문) 수원지방법원 2019.01.17 2017가단517284
사해행위취소
Text

1. The movable property listed in the separate sheet No. C between the defendant and the non-party corporation is the movable property listed in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a general trading company that vicariously exports and imports goods, etc., and D is a company that imports scrap, such as waste engines and waste scrap scrap through an export-import agency for the Plaintiff and sells them to an enterprise that dismantles them by scrap scrap, etc., and C is a company that dismantles and sells scrap, such as waste engines, etc.

B. The Plaintiff concluded a supply contract with D Co., Ltd. for scrap 1,00 tons of scrap scrap 1,00 tons on April 7, 2014, and each supply contract for scrap 2,000 tons on May 21, 2014, and supplied scrap imported in the United States to D Co., Ltd.; however, the Plaintiff was not paid KRW 116,098,012 equivalent to the price of scrap 140.725 tons among the supplied goods under the contract with D Co., Ltd. on April 7, 2014, the amount of KRW 116,098,012 equivalent to the price of scrap 1,369.243 tons among the supplied goods under the contract with D Co., Ltd. on May 21, 2014.

C. On February 3, 2015, 205, 17431, the Seoul Central District Court issued an order to pay the Plaintiff KRW 1,205,619,068 (i.e., KRW 116,098,012 Won 1,089,521,056) and the damages for delay thereof (i.e., payment order) and the Plaintiff filed an application for the payment order against D., the Plaintiff. On February 3, 2015, the said court issued an order to pay the Plaintiff the amount of KRW 1,205,619,068 and the amount of KRW 20% per annum from the day following the delivery of the payment order to the day of full payment.

The above payment order was served on D Co., Ltd. on March 31, 2015, and was finalized on April 15, 2015.

On September 11, 2014, the Plaintiff, as Seoul Central District Court 2014Kadan808934, issued a provisional attachment order ordering the debtor D and the third debtor D to provisionally seize 1.1 billion won out of the claim amount against the non-party company D's non-party company as KRW 1.1 billion. The above decision was served on the non-party company on September 15, 2014.

E. The Plaintiff is the Seoul Central District Court No. 2015 tea17431.

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