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(영문) 대전지방법원 2021.01.13 2018가단231335
사해행위취소
Text

On July 31, 2018, which was concluded between the defendant and D with respect to the claims listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied D Co., Ltd. (hereinafter “D”) with goods necessary for subcontracting from September 2017 to July 6, 2018, and the outstanding amount as of July 6, 2018 reaches KRW 114,945,247 in total.

B. On July 31, 2018, D transferred KRW 200,000,000,000 to the Defendant, out of the construction cost claims indicated in the separate sheet against E (hereinafter “E”) on July 31, 2018 (hereinafter “transfer of the instant claim”). E deposited KRW 351,483,758 of the amount of the construction cost stated in the separate sheet as of September 10, 2018, on the ground of dispute, such as the notification of the transfer of the claim, the seizure of the claim, and the collection order.

(c)

D As active property at the time of the transfer of the instant claim, KRW 1.563 billion (Evidence B No. 3) was equivalent to the total amount of the claim for construction price against E, etc. as active property at the time of the transfer of the instant claim, while the small property was small in excess of the debt amount, including the claim against the Defendant for a large number of sewage suppliers, including the claim against the Plaintiff, etc., which exceeds the total amount of KRW 2.194 billion.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 9 (including branch numbers), Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition, since D transferred the instant bonds in excess of its obligation, it constitutes an intentional act detrimental to the general creditor, including the Plaintiff, and the Defendant is presumed to have been a beneficiary.

B. The Plaintiff’s contract for the transfer of the instant claim on the claims listed in the separate sheet within the scope of KRW 114,945,247 of the preserved claim amount is revoked, and the Defendant is obligated to transfer to the Plaintiff the right to claim payment of the deposit amount of KRW 114,945,247 out of KRW 351,48,758, which was deposited by E, to the original state.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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