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(영문) 부산지방법원 2014.08.20 2013가합18465
사해행위취소등
Text

1. The assignment of claims between the Defendant and B shall be revoked on June 19, 2013.

2...

Reasons

1. Basic facts

A. 1) The Plaintiff and the designated parties appointed the Plaintiff as the appointed party to the instant lawsuit, as creditors of the future industrial machinery, C, D, and the Plaintiff, a company that manufactures automobile parts, etc. as the creditors of the Plaintiff Company B. The Plaintiff has been engaged in the transaction of supplying steel, etc. necessary for manufacturing automobile parts to B from January 2, 2012. As of May 22, 2013, in order to compensate for the amount of KRW 90,532,337 of the price of the goods that the Plaintiff had not received as of May 22, 2013, the amount of KRW 90,532,337 of the price of the goods purchased by the Plaintiff against the Nonparty Bus, as to the claim of KRW 90,532,337 of the price of the goods that the Plaintiff had been paid as of the Busan District Court 2013Kadan6239, Jul. 5, 2013.

3) In order to receive KRW 16,610,00 from April 2013 to June 2013, 2013, future industrial machinery Co., Ltd. (hereinafter “Selection”) applied for a payment order under the Changwon District Court Decision 2013 tea2040, Changhae District Court (hereinafter “Seoul High Court”) in order to receive KRW 16,610,000, which is a part necessary for bus manufacture against B, from April 2013 to June 2, 2013. The decision of the payment order issued on July 9, 2013 was finalized on July 27, 2013. (4) The Selection D applied for a payment order under the Changwon District Court Decision 2013 tea1953 at the time of the payment order issued on May 1, 2013. The decision became final and conclusive on July 13, 2013.

5) In order to preserve KRW 29,237,015 of the Service Price Claim 29,237,015 with respect to the claim of KRW 29,237,015, out of the goods price claim held against Daewoo bus Co., Ltd., Ltd., the designated party C filed an application for provisional seizure against claim under Busan District Court Decision 2013Kadan6528, Jul. 9, 2013, and received a provisional seizure order against claim from the above court. B and the Defendant (i)

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