logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2017.08.09 2016가단120944
사해행위취소
Text

1. On July 6, 2016, it is against the rule of conduct for the Co., Ltd., the non-party corporation and the defendant concluded on July 6, 2016

Reasons

1. Facts of recognition;

A. The Plaintiff (mutually: B) entered into a goods supply contract with the Yellow Tech Co., Ltd. (hereinafter “debtor Co., Ltd.”), and supplied a gold sentence to the Defendant Company from September 2015 to June 2016.

A debtor company received an application for commencing rehabilitation procedures on July 6, 2016 and received a decision of commencing rehabilitation procedures on July 22, 2016.

(Seoul Central District Court 2016 Ma100133). The plaintiff reported rehabilitation claims and confirmed 96,587,500 won as rehabilitation claims.

B. The Defendant concluded a goods supply contract with the debtor company and supplied steel products to the debtor company for a long time.

The terms and conditions of the Defendant’s payment of the price were to be paid within 100 days after the supply of the product, and the Defendant’s balance of the price of the goods from January 2016 to July 2016 maintained the amount of KRW 200 million.

As of July 6, 2016, the debtor company transferred the sales claim amounting to KRW 198,40,00 (hereinafter “instant sales claim”) that the debtor company held in relation to Doring Co., Ltd. (hereinafter “Stock Co., Ltd.”) to the defendant as of KRW 214,162,629. In order to repay this, the debtor company transferred the sales claim amounting to KRW 198,40,00 (hereinafter “instant sales claim”) to the defendant, and around that time, notified the credit settlement bank notice to the defendant.

Afterward, the Defendant: (a) KRW 40 million on November 2, 2016; (b) KRW 40 million on December 7, 2016; and (c) KRW 20 million on January 9, 2017;

2. A total of KRW 110,000,000 was received on 22.1 million.

C. The debtor company that is insolvent of the debtor company commenced rehabilitation procedures as above, but the rehabilitation procedure was abolished on October 12, 2016.

In rehabilitation procedures, while the debtor company has assets of approximately KRW 3.3 billion, it was found that the debtor company has a total of KRW 8,11,399, including taxes, KRW 2,687,967,315, rehabilitation claims of KRW 5,388,208,054, and KRW 35,216,230, such as taxes.

[Ground of recognition] There is no dispute.

arrow