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(영문) 서울중앙지방법원 2018.06.07 2017가단5230850
사해행위취소
Text

1. C Co., Ltd.: (a) face value of KRW 1,342,00,000 issued on August 18, 2016; and (b) the payee, the defendant, the place of issuance, and the place of payment, respectively.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the price of goods against the Plaintiff C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was issued an order for payment (hereinafter “instant order for payment”) to the Nonparty Co., Ltd. from around September 2012, which became final and conclusive as is October 26, 2017, by applying for a payment order against the Nonparty Co., Ltd. with the Seoul Central District Court 2017 tea4633, Sept. 25, 2017, when the Nonparty Co., Ltd. did not pay the price of goods.

B. (1) On the other hand, on August 18, 2016, the non-party company issued one promissory note as stated in Paragraph (1) of this Article (hereinafter “instant promissory note”) to the Defendant. On the same day, the non-party company and the Defendant entrusted the preparation of a notarial deed recognizing the compulsory execution of the instant promissory note (hereinafter “instant notarial deed”) to the non-party company, and a notary public was drafted as No. 351, 2016 as a law firm’s notarial deed.

(2) After that, on October 17, 2016, the Defendant received a collection order (the claim amounting to one billion won; hereinafter “the seizure order of this case”) regarding the claims for the seizure and collection of the goods (the claim amounting to one billion won; hereinafter “the seizure order of this case”) from the Seoul Central District Court 2016TTT No. 201048, which the non-party company supplied to E (the business office; hereinafter “E”) and obtained approval from the non-party company. This was served to E on October 27, 201.

C. On the other hand, on November 2, 2016, the non-party company transferred its assignment to non-party company, and on the other hand, the non-party company transferred its claim for the price of goods to E (USD 101,150), the Plaintiff (USD 12,460), the F Co., Ltd. (USD 11,450), G Co., Ltd (USD 11,450) and H Co., Ltd. (USD 19,380).

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