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(영문) 부산지방법원동부지원 2017.11.09 2017가합100825
사해행위취소
Text

1.(a)

On December 20, 2016, the claims indicated in the separate sheet between the Appointor C and the Defendant (Appointed Party) were concluded.

Reasons

1. Facts of recognition;

A. On December 18, 2014, the Plaintiff filed a lawsuit seeking compensation for damages against E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) for nonperformance of the settlement agreement and rendered a judgment dismissing the Plaintiff’s request (Seoul District Court 2014Gahap16978). However, the Plaintiff appealed against this case, and the appellate court rendered a judgment on November 30, 2016 that “E and F jointly pays KRW 870,000,000,000 and delay damages therefor,” and the said judgment became final and conclusive around that time.

(J) Busan High Court No. 2015Na4658).

F transferred the claim for the construction price against D to the Defendant (Appointed Party; hereinafter “Defendant”), and the Defendant filed a lawsuit against D on March 3, 2014 against D to the effect that “D shall pay the Defendant the amount of KRW 295,750,634 and the damages for delay thereof” at the appellate court (Seoul High Court Decision 2015Na5040) and the above judgment became final and conclusive on October 27, 2016 by the Supreme Court.

(Supreme Court Decision 2016Da30227). C.

Since then, the defendant transferred to E the above judgment bond such as the attached list (hereinafter referred to as the "claim of this case"), but E is the above.

On December 12, 2016, immediately after the loss was brought against a claim for damages as stated in the claim, a certified mail sent to D, stating that “the Defendant rescinded the transfer contract with respect to the instant claim.”

(hereinafter referred to as “instant first assignment of claims”) D.

In addition, on December 20, 2016, the Defendant transferred the instant claim to the selector C, and then notified D of the fact of transferring the claim.

(hereinafter referred to as "the second assignment contract of this case". 【The ground for recognition' is without any dispute, entry in Gap evidence 1 through 6 (including those with a serial number; hereinafter the same shall apply) and the purport of whole pleadings.

2. Determination:

(a) Determination on the cause of the claim 1 is particularly a creditor of a part of the claim.

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