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1.(a)
In the attached list No. 1, which was entered into on April 30, 2015 between the non-party Nuria Corporation and the defendant B.
Reasons
Basic Facts
The Plaintiff sold steel plates, etc. to Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) from June 2014 to March 2015, and had not been paid the price of KRW 28,080,327 up to now.
On April 30, 2015, the Plaintiff transferred to Defendant B the obligation listed in attached Table 1. Paragraph (1) (hereinafter referred to as “claim 1”); on May 29, 2015, the obligation listed in attached Table 2. (hereinafter referred to as “ Claim 2”) to Defendant A (hereinafter referred to as “each of the instant assignment contracts”); and notified Defendant A of the transfer of each of the above obligation to the territorial sea.
【Reason A’s evidence Nos. 1 through 3 (including the number of the parties), each statement of No. 5, and the purport of the whole argument of the parties concerned, are false obligees who have no claim against the non-party company, and the conclusion of each transfer contract of this case with the non-party company in excess of the debt constitutes false declaration of conspiracy and fraudulent act.
Therefore, the Plaintiff’s revocation of each of the instant assignment contracts to the extent of the amount apportioned in proportion to the amount of claims No. 1 and No. 2, to the extent of the amount apportioned in proportion to the ratio of the amount of claims No. 28,080,327 against the non-party company.
At the time of each assignment contract of this case, the non-party company was not insolvent.
In addition, Defendant A was requested to process products from Nonparty A, and was supplied to Nonparty A on March 2015 and April 2015, and was 33,605,000 won for processing costs. Defendant B lent KRW 30,000 to Nonparty A on April 7, 2014.
The Defendants are bona fide beneficiaries since they concluded each of the instant claims assignment contracts in order to recover the above claims.
Judgment
According to the facts of recognition as above, at the time of the transfer of each of the claims in this case, the Plaintiff had a claim for the amount of KRW 28,080,327 against the non-party company.