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(영문) 광주지방법원 2018.09.12 2017가단521657
사해행위취소
Text

1. The defendant is in accordance with the assignment order of claim attachment and assignment order (No. 2017Tari 634) for Gwangju District Court.

Reasons

1. Facts of recognition;

A. On April 11, 2014 from each C Co., Ltd. (hereinafter “C”), the Plaintiff was awarded a subcontract for the supply of design drawings, design drawings, etc. and supplied the documents, etc. to the Plaintiff on a fixed period from April 11, 2014 to September 10, 2014; and the period from April 11, 2014 to September 10, 2014; and the Plaintiff was awarded a subcontract for the supply of design drawings, design drawings, etc.; on June 16, 2014, the Plaintiff completed and supplied the said documents, etc. on a fixed period from June 16, 2014 to November 17, 2015; and C did not pay the said documents, etc.; and upon receiving a subcontract for the supply of survey of current status, development analysis conditions, etc. to the Plaintiff, the court ordered C to pay the said amount to the Plaintiff at KRW 88,94,000,900 and KRW 30089.108

B. C was awarded a successful bid in KRW 822,807,00 with the F&D around May 2017 (hereinafter “instant construction”).

C. On May 8, 2017, C issued a note of KRW 850 million at the face value of the Defendant, the payee, the place of issuance, the place of payment, and the place of payment, Gwangju Metropolitan City, Gwangju Metropolitan City, and a promissory note of which payment is made at sight of the due date. If the payment of the note is delayed, C drafted a notarized deed of G Notaries Public Joint Office No. 669, 2017, to the effect that there is no objection even if it is being immediately enforced against the Defendant.

On May 16, 2017, the Defendant issued an assignment order for the claim against C with the amount of KRW 850,000,000 against the said notarial deed as the claim amount of KRW 850,000,000,000, in the case of the application for the attachment and assignment order of claim against C, the Frannam-gun of the Maritime Court in Gwangju District Court (hereinafter “instant Corporation”) on May 17, 2017, and served the Frannam-gun, etc. on the claim for construction cost and assignment order (hereinafter “instant assignment order”), and became final and conclusive around that time.

E. C The maximum debt amount shall be KRW 70,000,000,000 around the time of the issuance of the said Promissory Notes.

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