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(영문) 춘천지방법원원주지원 2015.07.23 2014가단36879
사해행위취소
Text

1. The bond transfer and takeover contract between the defendant and C on November 18, 201 with respect to the claim stated in the separate sheet between the defendant and C.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit seeking damages of KRW 150,00,000 against the Plaintiff Co., Ltd. (hereinafter “Co.”) (hereinafter “Co., Ltd.”) with the Jung Government District Court 2010Kahap6847 case, seeking compensation for damages of KRW 150,00,00 (the Plaintiff filed an application for payment order with respect to Co., Ltd.,

On June 16, 2011, the judgment was rendered on June 16, 201 with the purport that C shall pay the Plaintiff the above KRW 150,000,000 and the delay damages therefor, and the said judgment was finalized on July 2, 2011.

(hereinafter referred to as the “Plaintiff’s claim”) against C.

As of November 18, 2011, C Co., Ltd. entered into a contract for the transfer of bonds with the effect that, as of November 18, 2011, C, a stock company, transferred a loan claim of KRW 85,000,000 (hereinafter referred to as “loan claim against D reconstruction Association”) it held against D Housing Reconstruction and Improvement Project Association (hereinafter referred to as “D Reconstruction Association”).

(2) On November 21, 201, 201, Co., Ltd. notified the transfer of claims to D reconstruction Association on November 21, 201, and around that time, the above notification reached D Reconstruction Association.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties as to June 16, 201, supra, was affirmed in the judgment of the District Court Decision 2010Kahap6847 dated June 16, 201, the Plaintiff has 150,000,000 won and damages for delay against C Co., Ltd.

C Company C was insolvent at the time of transferring a loan claim against D reconstruction association on November 18, 2011 to the Defendant, and thus, the instant contract for the transfer of claim constitutes a fraudulent act against the Plaintiff, the obligee.

Therefore, this case's transfer and takeover contract is sought.

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