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(영문) 서울중앙지방법원 2019.05.01 2018나37337
사해행위취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the price of goods against the Plaintiff C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into an original supply contract with Nonparty Co., Ltd. and supplied original intent to the Nonparty Co., Ltd. on or around September 2017, when the Nonparty Co., Ltd. failed to pay the price of goods, and filed an application for a payment order with Nonparty Co., Ltd. with the Seoul Central District Court No. 2017 tea4633, Sept. 25, 2017 and filed an application for the payment order with Nonparty Co., Ltd. on September 25, 2017, “The Nonparty Co., Ltd. was ordered to pay to the Plaintiff 15% interest per annum from October 12, 2017 to the date of full payment.” This was finalized as is October 26, 2017.

B. On August 18, 2016, the non-party company issued promissory notes to the Defendant and its property status, etc. 1) On the part of the Defendant, the non-party company: (a) one set of promissory notes with a maturity of KRW 1,342,00,000, the payee, the Defendant, the place of issuance, the place of payment, and the place of payment, each of the Seoul Special Metropolitan City, the place of payment, and

2) On the same day following the issuance of a notarial deed No. 351 of 2016 (hereinafter referred to as “notarial deed of this case”) by a notary public which states the declaration of intention to recognize compulsory execution with respect to the above promissory note obligation on the same day.

2) Meanwhile, the non-party company had a claim for the price of the goods (hereinafter “instant claim for the price of the goods”) to be supplied and paid to E (hereinafter “E”) with the goods such as clothes and raws.

On October 17, 2016, the Defendant received a seizure and collection order (hereinafter “instant seizure and collection order”) against KRW 100,000,000 out of the instant goods payment claim by Nonparty Company and the third obligor E as Seoul Central District Court 2016TTT No. 2016, Oct. 17, 2016. This was served to E on the 27th of the same month.

C. On the other hand, on November 2, 2016, the non-party company transferred the claims to the non-party company, and on the other hand, the non-party company claims for the purchase price of goods to E (USD 101,150).

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