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(영문) 서울중앙지방법원 2017.01.18 2016가단49892
사해행위취소
Text

1. A DNA Co., Ltd., which was concluded on October 7, 2014 between the Defendant and Adddddddddddddum Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied medicines to Addddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

The payment order was finalized on February 10, 2015, stating that the Plaintiff applied for the payment order against Ghana as Seoul Southern District Court 2014 tea 25470 and that “Dedidy shall pay the Plaintiff KRW 50,963,926 and its delay damages.”

B. On October 7, 2014, over the credit sales claims against the Defendant, UBcare Co., Ltd. (hereinafter “UBcare”), UBcare Co., Ltd. (hereinafter “UBcare”), ABD transferred the credit sales claims to the Defendant (hereinafter “instant transfer contract”) and notified the Defendant of the assignment of the credit to UBcare on November 24, 2014.

C. On December 29, 2014, the Plaintiff received a provisional attachment order as Seoul Southern District Court Decision 2014Kadan8361 on the goods-price claim against Ghana, and the said decision was served on the UBcare, a third debtor, around that time.

On March 12, 2015, the Plaintiff received a collection order on KRW 41,928,015 ( KRW 10,000,000 transferred the above provisional seizure to the provisional seizure, KRW 31,928,015, out of the goods payment claims against Edibcare by Seoul Southern District Court 2015TTTT 3636, and the said order was served to UBcare, a third debtor.

On February 13, 2015, UBcare made a mixed deposit of KRW 49,123,481, the price of goods to be paid to UBD, in accordance with the relevant statutes, on the grounds that the Defendant, the assignee of the claim under paragraph (1) and the Plaintiff, the assignee of the claim under paragraph (3) cannot be identified.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1-1, 1.

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