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(영문) 창원지방법원 2014.09.04 2013가합30738
사해행위취소
Text

1.(a)

On November 7, 2012, the claim No. 1 stated in the separate sheet between the Defendant and B is concluded.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff is a creditor of D (hereinafter “D”) and B (hereinafter “B”) and E (hereinafter “E”) operated by C as a de facto business owner, who is engaged in the sales business of steel products, such as steel and steel products, and the Defendant is working in B.

B. Plaintiff B’s claim 1) between D and D on September 27, 2011, the Plaintiff agreed to limit the amount of goods to KRW 500 million for each other’s transaction that began with D on November 1, 201, to receive the settlement of bills after the end of each month. On the same day between B and B, D and D jointly guaranteed the Plaintiff’s obligation arising from D’s above transaction. 2) D reached KRW 305,817,145 in total, the amount of the goods payment obligation up to October 2012 to the Plaintiff. Of them, the amount of KRW 60,897,480 in face value, and the date of issuance on December 30, 2012. At that time, the Plaintiff rejected payment of promissorysory notes, which were issued on November 9, 2012, and thereafter, the Plaintiff applied for the settlement order against B, D and E, and the said order was accepted by the lower court on February 231, 2012.

C. B’s assignment of claims to the Defendant under Section B (1) B is the first claim on November 7, 2012, set forth in the separate sheet (hereinafter “first claim”) to the Defendant, representing workers in B, D, and E, prior to the date of refusal of payment, rather than the date of refusal of payment.

B. For the same month as the date of such refusal.

9. Each of the claims listed in the separate sheet Nos. 2 and 3 (hereinafter referred to as “each of the claims listed in the separate sheet”) is transferred (hereinafter referred to as “transfer of each of the claims listed in the separate sheet”), and each of the claims listed in the separate sheet Nos. 1 through 3 is assigned (hereinafter referred to as “the instant transfer of claims”). On each of the above transfer dates, the fixed industry (hereinafter referred to as “the fixed industry”) which is the debtor of the first claim, and the original United Nations (hereinafter referred to as “the debtor of the second claim”).

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