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(영문) 부산지방법원 서부지원 2018.05.16 2017가단106761
사해행위취소
Text

1. On April 5, 2017, the claims indicated in the separate sheet between the Defendant and EP Engineering Co., Ltd. were concluded.

Reasons

1. Facts of recognition;

A. On October 29, 2014, EP Engineering Co., Ltd. (hereinafter “EP”) drafted a notarial deed to the effect that the Plaintiff shall pay to the Plaintiff the amount of goods worth KRW 150 million in installments from November 2014 to October 12, 2015, and, if so, pay damages for delay at a rate of 20% per annum (No. 525 of a notary public B deed 2014).

B. On April 5, 2017, the Defendant entered into a contract for the transfer and takeover of claims (hereinafter “instant contract for the transfer and takeover of claims”) with respect to SP and SP Korea Co., Ltd. (hereinafter “SP”) on the separate sheet to be transferred with respect to the claims indicated in the separate sheet.

C. At the time of the instant contract for the transfer and takeover of bonds, EP was in excess of its obligation.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2-2, fact-finding results of this court's fact-finding, response to the order of submission of financial transaction information to the President of the Korea Credit Information Institute, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above recognition of the existence of the preserved claim, the Plaintiff’s claim for the price of goods against EP was already established prior to the conclusion of the instant contract for the transfer and takeover of the claim, and thus, the Plaintiff’s claim for compensation against EP is the preserved claim against the Defendant.

B. In light of the following circumstances as seen earlier as to the establishment of a fraudulent act: (a) EP’s financial status at the time of the instant contract for the transfer of claims and the time of the instant contract for the transfer of claims; (b) EP intended to transfer claims listed in the separate sheet to the Defendant in excess of the debt; and (c) it constitutes a fraudulent act knowing that the Defendant would have been aware of the aforementioned circumstances by reducing the liability assets of the general creditors including the Plaintiff, and thereby doing so.

C. The defendant's assertion

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