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(영문) 서울중앙지방법원 2015.02.06 2014가단202712
사해행위취소등
Text

1. On March 20, 2014, concluded between the Defendant and the Korea Trade Energy Co., Ltd. on the claims indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. Around June 2007, the Plaintiff engaged in cement manufacturing and sales business, etc.: (a) between the Plaintiff and the Korea Trade Energy Co., Ltd. (hereinafter “Nonindicted Company”); (b) the term of the contract from June 27, 2007 to June 26, 2008 (i.e., implied renewal); (c) the Plaintiff supplied the Nonparty Company with a total of 50,000 tons of cement annually; (d) the Nonparty Company entered into a cement supply contract with the content of paying the price; (e) the Nonparty Company supplied cement amounting to KRW 5,549,558,670 from February 2014 under the same condition as the above contract was renewed; and (e) the Nonparty Company issued a bill to the Plaintiff from October 2013 to pay KRW 4,29,26,439 out of the said price.

B. Of the bills issued by the non-party company to the Plaintiff, the bill whose maturity comes first (e.g., face value: 530,887,840 won: 0302027, date for payment: March 15, 2014) was settled on March 17, 2014 due to unpaid bills. Accordingly, the Plaintiff lent KRW 230,000,000 to the non-party company on March 18, 2014, the non-party company did not pay the outstanding bills (e.g., face value: 372,523,739 won; 03020, date for payment: March 31, 2014); however, the non-party company did not pay the outstanding bills (e.g., face value: 372,523,739 won; 03020, date for payment: March 31, 2014).

Accordingly, the amount of debt that the non-party company has not paid to the plaintiff was 5,779,558,670 won, including the total amount of each of the above bills of exchange and the total amount of the unpaid amount of KRW 1,320,29,266,439 and the total amount of the unpaid amount of KRW 230,00,000.

C. Meanwhile, on March 20, 2014, the non-party company transferred to the Defendant, a creditor of the loan amounting to KRW 80,000,000, the claim indicated in the attached list to the non-party company's Hankex Co., Ltd. (hereinafter "Korean Commercial Code") and notified the Defendant of the above fact of transferring the claim to Hankex Co., Ltd. (hereinafter "the instant assignment contract"), and this is applicable.

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