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(영문) 서울동부지방법원 2015.09.10 2014가단110373
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff supplied not less than KRW 70,000 to B from October 23, 2012 to September 6, 2013, and was not paid the price.

B. On October 2, 2013, B closed on September 24, 2013, concluded an agreement with the Defendant on the transfer, etc. of inventory products and attempted bonds following the partial liquidation of the unpaid money and goods (hereinafter “instant agreement”) with the Defendant, and prepared an “transfer and disposal delegation” and “order for non-payment” to the Defendant. The relevant contents among them are as follows.

1) The instant contract B recognizes that the Defendant is the representative of the employee appointed by delegation of all the powers pertaining to the settlement of overdue money and other valuables by the employees. B recognizes that the Defendant, including the Defendant, is the representative of the employee who was appointed by the delegation of all the powers regarding the settlement of overdue money and other valuables, other than the substitute payment guaranteed under the Wage Claim Guarantee Act, among the total overdue money and other valuables of employees in arrears (the wages and retirement allowances exceeding the final three months, the unpaid annual allowances, the unpaid bonuses, and the unpaid amount of the employee’s expenses out of the unpaid amount of the national pension.

(2) On October 2, 2013, a notice of assignment of claims and a power of attorney 200,000 won shall be transferred to the Defendant in order to resolve the overdue money and valuables and the unpaid portion of national pension as stipulated in the instant contract, 19,20,000 won for the Ireland, 2,280,000 won for the Daegu department store of Daegu department, and 8,000,000 won for the respective goods and claims for the payment of the goods and claims for payment of each amount of money and claims for payment of each amount of money and claims for 8,00,000,000 won shall be transferred to the company, and on which the notice of assignment of claims and claims for transfer and disposal shall be drawn up between the parties. (2) The representative director B of the power of attorney - as to transfer and disposal shall transfer the inventory goods to the Defendant in order to resolve the overdue money and valuables and unpaid portion of national pension as stipulated in the instant contract.

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