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(영문) 인천지방법원 2019.04.09 2017나12684
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On May 4, 2017, the Plaintiff entered into a bond transfer and takeover contract with C Co., Ltd. (hereinafter “instant company”).

Between the Defendant and the instant company entered into a contract on the transfer and takeover of claims between the date of the transfer of claims as of May 2, 2017, under which the instant company was supplied to the Defendant from December 2, 2016 to April 30, 2017 and KRW 91,476,187 on the goods price claim in relation to Aluminium and non-ferrous metal products, which were supplied to the Defendant.

2) On May 8, 2017, the instant company notified the Defendant of the assignment of claims, and the notification reached the Defendant on May 10, 2017. (b) On May 18, 2017, the instant company filed a petition for bankruptcy with the Seoul Rehabilitation Court 2017Hahap1017, May 18, 2017. The said court rendered a ruling of bankruptcy with respect to the instant company on June 13, 2017, and appointed D as the trustee in bankruptcy. (c) The said trustee in bankruptcy filed a claim for denial of claim and decision 1) around September 2017 with the Plaintiff as the Seoul Rehabilitation Court 2017Da5755.

On December 27, 2017, the claim stating the declaration of intent to exercise the avoidance power reaches the plaintiff.

2) On July 23, 2018, the said court rendered a decision ordering the Plaintiff, who is the garnishee, to the effect that the claim transfer and takeover contract was denied on December 27, 2017 and invalidated, on the grounds that it is reasonable to view that the said contract constitutes a biased act that undermines equality among bankruptcy creditors and that it constitutes an act that undermines equality among other bankruptcy creditors at that time, and that the instant company transferred the claim to the Plaintiff. The said court ordered the Plaintiff to notify the Defendant, who is the garnishee, of the fact that the said claim transfer and takeover contract was invalidated on December 27, 2017. [In the absence of any dispute over the grounds for recognition, the facts that there is no ground for recognition, evidence Nos. 1, 2, 3, Nos.

2. Summary of the parties’ assertion

A. The plaintiff's assertion is from the company of this case to the defendant 91.

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