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(영문) 서울고등법원 2015.07.14 2014나2023315
사해행위취소
Text

1. The plaintiff's appeal and the selective claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of distributing steel products. The Defendant is a corporation established for the purpose of manufacturing steel products and non-ferrous metal products.

D Co., Ltd. (hereinafter referred to as “D”) is a corporation established for the purpose of steel product wholesale and retail business, etc., and A is its representative (in-house director).

B. As to the unpaid claim for the price of goods accrued from around 201 to August 2013 as the Plaintiff supplied steel products, etc. to D, the Plaintiff received a notarized deed from D and A on September 3, 2013, with face value of KRW 620 million and face value of KRW 620 million, issuer D, A and the Plaintiff (hereinafter “instant promissory note”).

C. On August 30, 2013, A entered into a contract with the Defendant for credit transfer and takeover (hereinafter “instant contract for credit transfer”) on August 30, 2013, with the content that Party B transferred KRW 350,000,000,000 to the Defendant with respect to the lease deposit claim 127, 104, Dong-gu, Seoul, which Party B had against Party B (hereinafter “instant contract for credit transfer”). On September 14, 2013, A notified the instant transfer and notification to Party B on September 16, 2013.

Based on the notarial deed of the Promissory Notes, the Plaintiff received a seizure and collection order as to the claim for the return of the lease deposit under the Seoul Southern District Court 2013TTTT19120, and the order reached B on September 17, 2013. On September 30, 2013, the Plaintiff deposited the deposited person A or the Defendant with the Seoul Southern District Court 4729 No. 350,611,620 won (hereinafter “instant deposit”).

[Ground of recognition] Facts without dispute, entry of Gap 1-10, 16 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The preserved claim (joint and several surety claim against A or promissory note A of this case) is the amount of goods against D between the Plaintiff and D around April 2013.

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