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(영문) 서울북부지방법원 2018.09.12 2017가합26700
사해행위취소
Text

1. It was concluded on October 24, 2014 between the Defendant and D with respect to the indicated claims in the separate sheet.

Reasons

Facts of recognition

D Co., Ltd. (hereinafter “D”) issued two promissory notes with a face value of KRW 100,000,000 at par value (on October 31, 2014, and November 30, 2014; hereinafter “instant promissory notes”) and delivered them to F Co., Ltd. (hereinafter “F”), and F endorsed endorsed the instant promissory notes to the Plaintiff.

On March 31, 2014, G Co., Ltd. supplied the Plaintiff with the chains, gravels, etc., and acquired the claim against the Plaintiff for the amount of KRW 240,660,970.

around April 1, 2014, G Co., Ltd. transferred the above claim against the Plaintiff to D and notified the Plaintiff of the transfer of the above claim on April 7, 2014.

On July 31, 2014, H entered into a contract with the Defendant on the transfer of claims, including loans of KRW 1,380,000,000 and delay damages, against H H’s D, and notified D of the transfer of claims on September 19, 2014.

D On October 24, 2014, the Defendant transferred the above commodity price claim and overdue interest claim, etc. (hereinafter “instant commodity price claim”) that he/she acquired from G to the Defendant (hereinafter “instant commodity price claim”), and notified the Plaintiff of the fact of transferring the claim on October 29, 2014, and the said notification reached the Plaintiff on October 30, 2014.

The Plaintiff presented a payment proposal of the Promissory Notes at the place of payment on October 31, 2014 and December 2, 2014, but was rejected on the ground that all of the instant Promissory Notes were defaulted.

On March 21, 2016, the Defendant filed a lawsuit claiming the payment of the instant claim against the Plaintiff (Seoul Northern District Court 2016Gahap21258). The Plaintiff asserted to the effect that it offsets the instant claim with the instant promissory note gold, but the judgment was not accepted, which was rendered on January 19, 2017 where the Defendant’s claim was entirely accepted. While the Plaintiff appealed, the judgment dismissing the appeal on August 25, 2017 was rendered, and the said judgment became final and conclusive on September 14, 2017.

[Ground of recognition] dispute.

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