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(영문) 수원지방법원 2018.11.29 2017가합26099
사해행위취소
Text

1. The assignment contract concluded on July 6, 2016 between the Defendant and C regarding the claims indicated in the separate sheet No. 1 list between the Defendant and C.

Reasons

1. Basic facts

A. The Plaintiff and the Nonparty Co., Ltd. (hereinafter “C”) are those engaged in the manufacturing and selling business, such as packing containers and containers, with the trade name “D,” and Nonparty E Co., Ltd. (hereinafter “E”).

A) A company is established for the purpose of a comprehensive distribution business, such as convenience stores, and C is a company established for the purpose of manufacturing and selling ice. 2) The Plaintiff supplied plastic cups to C, and C supplied ice in the above plastic cups, and E settled accounts and pays for ice cups supplied by C on a 10-day basis.

However, C began to delay the payment of the instant goods to the Plaintiff from April 2016, and from June 30, 2016, the outstanding amount of KRW 375,672,885 was generated.

3) The Plaintiff expressed his/her intent not to supply plastic cups to C any longer due to the foregoing outstanding amount, and C and E, on August 6, 2016, sent KRW 170,000,000 to the Plaintiff on August 10, 2016, and agreed to directly pay the Plaintiff a part of the price for plastic cups and the outstanding amount within the scope of payment from August 20, 2016 to 10 days. Accordingly, the Plaintiff resumed the supply of goods to C, and the Plaintiff came to have a claim for the outstanding amount equivalent to KRW 740,471,485 to the outstanding amount equivalent to KRW 717,2485, out of the price for the claim for the goods to be paid to the Plaintiff to the Plaintiff on August 31, 2016, and thereafter, C transferred the assignment of claims to the Plaintiff on June 20, 2016 to the Plaintiff on June 31, 2016.

B. On July 6, 2016, C’s assignment to the Defendant: (a) transferred KRW 550,000,000 out of C’s claim for the price of the goods to E (hereinafter “instant assignment contract”); and (b) C notified E by content-certified mail on August 22, 2016; and (c) the notification was sent to E on August 23, 2016.

(c) the details of the deposit of E, the amount of claims of creditors, G on the date of determination and delivery with respect to E.

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