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(영문) 의정부지방법원 2014.08.22 2014가합51326
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On August 30, 2013, the Plaintiff filed an order for payment with the Suwon District Court for the payment of KRW 650,478,261 with respect to the claim for the payment of goods at KRW 650,478,261 with respect to the Korea Electric Cable, and received payment order from the said court for the said Korean Electric Cable to pay the Plaintiff the said KRW 650,478,261 and delay damages. The said payment order became final and conclusive on September 24, 2013.

On the other hand, on January 30, 2013, the Korean Electric Cable transferred the claim for the amount of goods to the Defendant for Masia Co., Ltd. (hereinafter “Masia”), and delegated the authority to notify the Defendant, the Korean Electric Cable sent the final book around July 201, 201,281,066, the amount of the claim for the Korean Electric Cable, the amount of the claim for the transfer, and the date of the notification, are blank, and sent the notice of the assignment of the claim to the Defendant. On the other hand, the Defendant sent the notice of the assignment of claims to the Defendant on June 30, 2013; the Defendant paid the amount of the claim for the Korean Electric Cable at KRW 366,525,030, and the amount of the transferred claim on the notice of assignment of claims at KRW 366,525,030, and the date of the notification to the Defendant on June 30, 2013; the Defendant sent the notice to the Defendant on July 9, 20130, 2015, 20136.

[Ground of recognition] The fact that there is no dispute, Gap's 3 through 9, Eul's 2 through 4, 10, 11 (including branch numbers), and the purport of whole pleadings

2. The following circumstances acknowledged prior to the determination of the claim for the revocation of fraudulent act: (i) the Defendant has been providing goods for a long time at Estek Co., Ltd.; and (ii) the said company was merged with the Korean Electric Cable with relatively weak financial structure around November 2012, it is related to the goods-price claim to the Korean Electric Cable from around December 2012.

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