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(영문) 울산지방법원 2021.01.13 2020가단100610
사해행위취소
Text

1. It was concluded on March 4, 2019 between the Defendant and C with respect to the claims listed in the Appendix 1 attached hereto.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiff”) and the sperm (hereinafter “Plaintiff”) provided their labor from October 2018 to February 2019 to Co., Ltd. (hereinafter “Non-Party Company”). The Plaintiff from Non-Party Company was not paid wages of KRW 13,690,000 for the designated parties D, KRW 26,890,00 for the designated parties and KRW 20,400 for the designated parties E.

B. The non-party company held a claim for construction price against G Co., Ltd. (hereinafter “third party debtor”) in relation to the construction contract for solar power generation facilities. On March 4, 2019, the non-party company entered into a contract for the transfer of the claim to the Defendant to transfer the claim (hereinafter “the claim in this case”) as shown in attached Table 1 against the third party debtor, and notified the third party debtor of the transfer of the claim in this case on March 5, 2019.

(c)

3 The obligor deposited KRW 264,347,007 (hereinafter “the instant deposit”) on July 23, 2019 as the U.S. District Court No. 3325, Jul. 23, 2019, on the ground that the assignment of the instant claim and the provisional seizure and seizure of other obligees were concurrent with respect to the instant claim.

(d)

on October 28, 2019, the Ulsan District Court distributed KRW 264,440,144, which is the amount to be actually distributed out of the instant deposit, to I and the Defendant KRW 23,30,000,00, and KRW 241,140,144, which is the amount to be actually distributed.

E. On June 10, 2020, the non-party company reported the closure of business on June 10, 202. The non-party company is a small property at the time of the contract for the transfer of the claim in this case. The non-party company bears a total of KRW 257,389,00 for 26 workers including the plaintiff and the sperm, a total of KRW 523,533,80 for the purchase of goods to J, an amount of KRW 23,300 for the defendant, an amount of KRW 562,024,364 for the defendant, an amount of KRW 562,02,36,60 for the defendant, a delinquent amount of national tax of KRW 3,86,600 for the Gyeyang City, a delinquent amount of KRW 100 million for national tax, and a debt of KRW 2,305,080 for the health insurance, while it bears an obligation of KRW 1,496,418,844.

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