logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.12.05 2017가단305634
사해행위취소
Text

1. The bond transfer and takeover contract between the defendant and the stock company as of December 25, 2015 regarding the claim stated in the separate sheet No. 1 list between the defendant and the stock company.

Reasons

Basic Facts

The Plaintiff is a national tax creditor against the Plaintiff Company B (hereinafter “Nonindicted Company”), and the Defendant is a father who is the representative director of the Nonparty Company D.

On October 31, 2015, the non-party company closed its business, and the Plaintiff, as of December 25, 2015, had a total of KRW 135,703,440 as shown in the attached Table 2, with respect to the non-party company, who was in excess of the obligation, as of December 25, 2015.

On December 24, 2015, the non-party company received a claim attachment and collection order under the Busan District Court Decision 2015TTTT 2015TT 11339, with respect to the benefit claim held by E against a medical corporation which is a medical corporation (hereinafter “non-party foundation”).

On December 25, 2015, Nonparty Company entered into a contract with the Defendant to transfer all of the claims for collection of the amount of seized money indicated in the attached list No. 1 according to the above claim seizure and collection order, and notified Nonparty Company of the assignment of claims on January 25, 2016.

on June 8, 2016, Fule Co., Ltd. received a provisional attachment order of claim amounting to KRW 43,000,000 from the Busan District Court Branch Branch 2016Kadan833, Jun. 8, 2016 with respect to the above wage claim against the non-party foundation, and est Co., Ltd. received a claim amounting to KRW 11,077,123 with respect to the above wage claim as Busan District Court Branch 2016Ta4867, Jun. 20, 2016.

On December 9, 2016, the non-party foundation and E made a mixed deposit of KRW 135,000,000 to the non-party company or defendant as the Busan District Court No. 11331 in 2016.

The distribution procedure was initiated by Busan District Court Branch C of the Dong Branch, and on February 28, 2017, the distribution schedule was prepared to distribute the amount of KRW 134,974,774 to the defendant, excluding the execution cost.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 9 to 11, and arguments.

arrow