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(영문) 서울중앙지방법원 2019.08.23 2019가단5028099
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur engaged in wholesale business, such as fibers and yarns, and the Defendant is a company engaged in combined freight forwarding business, etc., and C (hereinafter “Nonindicted Company”) is a company engaged in the combined freight forwarding business, etc. for the purpose of manufacturing and processing clothes.

B. (1) The Plaintiff supplied the original team, etc. to the non-party company, and the amount of unpaid goods as of June 30, 2017 is KRW 228,076,750.

(2) On September 27, 2017, Nonparty Company filed a rehabilitation application and received a decision to discontinue rehabilitation from the Seoul Rehabilitation Court on April 17, 2018.

C. (1) A Co., Ltd. (hereinafter “D”) requested a non-party company to manufacture the clothing. The non-party company manufactured the clothing at Indonesia factory, and then requested the Defendant to transport the clothing. The clothing manufactured by the non-party company (hereinafter “the instant clothing”) arrived at the Incheon Airport on September 8, 2017.

(2) At the time, the Defendant, for about ten (10) years with respect to the non-party company and the non-party company, vicariously performed the transportation, customs clearance, and transportation, customs clearance, etc. of the goods manufactured in Indonesia, into the Republic of Korea, of the clothing manufactured in Indonesia. The Defendant had a claim for transportation charges of at least KRW 100 million against the non-party company, including transportation charges, customs clearance, etc. (hereinafter “transport charge claim”).

(3) In spite of the request of the non-party company, the defendant rejected the delivery of the instant clothing and demanded the repayment of the transport fee claim, and detained the instant clothing.

On September 15, 2017, the Defendant and the non-party company entered into a contract under which the non-party company transferred KRW 100 million of the instant clothing payment claim to the Defendant (hereinafter “claim transfer contract”) and the non-party company notified D of the transfer. The notice reached D on September 19, 2017.

(4) The instant clothing was delivered to D on September 20, 2017 and September 31, 2017, respectively.

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