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(영문) 대구지방법원 2017.05.25 2016가합205551
사해행위취소
Text

1. Of the claims listed in the separate sheet 1 attached hereto between Defendant C and D, the claim amounting to KRW 55,00,000 was concluded on April 20, 2016.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the price of goods against D is KRW 115,364,00,000 as to the amount of KRW 115,364,00 for goods between D and D on April 14, 2016, and the same year as of May 30, 2016.

9. 30. Preparation of No. 279 of the No. 2016 No. 279 of the notary public E office document stating that the remainder of KRW 68,364,000 will be repaid each (hereinafter “instant No. notarial deed”).

B. Around April 20, 2016, the assignment of each of the claims between D and C and Defendant B transferred to Defendant C the claim of KRW 55,000,000 out of the mechanical payment claim of KRW 97,120,000 among the mechanical payment claim of KRW 97,120,000, and the claim of KRW 42,120,000 among the above mechanical payment claim of KRW 42,120,000 among the above mechanical payment claim to Defendant B, and KRW 61,050,000 among the above mechanical payment claim of KRW 42,120,00 among the above mechanical payment claim of KRW D to the non-party mutual aid industry (hereinafter “Korea mutual aid industry”), and notify D and Korea mutual aid industry of each of the above assignment of claims by content-certified mail, each of the above content-certified mail was the same year.

4. 21. Each arrival.

C. On May 18, 2016, the Plaintiff filed a claim attachment and collection order with the competent court as to KRW 65,637,600 of the amount claimed among the above mechanical payment claims against DD, as to D’s above mechanical payment claims, and received the claim attachment and collection order from the said court. The said decision was served on the said company on May 18, 2016.

D Nonparty F, the creditor of Nonparty F, filed an application for the seizure of the claim amounting to KRW 97,120,000 among the above mechanical payment claims with this Court 2016Kahap3094, and received a decision to seize the claim from the above court. The said decision was served on the said company on May 13, 2016.

On May 31, 2016, the Daegu District Court deposited KRW 97,007,580 on the above mechanical payment claims (Seoul District Court Decision 2017Da4376, May 31, 2016).

E. At the time of entering into each of the instant assignment contracts against D insolvent, D was in excess of its obligation.

【Ground of recognition” has no dispute, and Gap 1 through 11 respectively.

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