logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.12.23 2019가단64474
사해행위취소
Text

On January 17, 2019, the assignment contract between the defendant and C is concluded between the defendant and C.

Reasons

1. Basic facts

A. The Plaintiff is a creditor who leased a building temporary material to C Co., Ltd. (hereinafter “C”) with the purpose of leasing and selling the building temporary materials.

The defendant is a company with the purpose of leasing building materials and wholesale and retail business, and the director E, the representative of the company, was employed as C's representative director from July 22, 2015 to July 3, 2019, and during the above period, C's representative director was F and 2 of the existing representative director.

B. Around October 1, 2018, C drafted a letter of payment to the Plaintiff to the effect that the Plaintiff will pay KRW 100 million due to the temporary lease of construction materials by April 30, 2019. Based on this, C and the Plaintiff’s commission, G law firm entered into a notarized deed (hereinafter “notarial deed of this case”) with the purport that C and the Plaintiff will pay KRW 100 million to the Plaintiff by April 30, 2019 of the deed No. 910 on October 2, 2018.

C. In addition, the Plaintiff filed a claim against C for payment of the remaining rent of KRW 49,245,61,00,000 except for the above KRW 100,000,000 on the instant notarial deed against C as Cheongju District Court 2019 tea19,005. On March 5, 2019, the said court ordered C to pay to the Plaintiff a payment order with the content that “C shall pay to the Plaintiff the interest rate of KRW 49,245,661 as well as damages for delay calculated at the rate of 24% per annum, the agreement from March 9, 2019 to the date of full payment.” The said decision became final and conclusive on March 23, 2019.

(hereinafter “instant payment order”). D.

B. On January 17, 2019, the Defendant entered into a contract with C on the assignment of claims for the construction cost based on a reinforced concrete subcontract among the new construction works of the Gwangju H collective housing with respect to the Defendant Company D (hereinafter “D”), and D accepted the instant assignment of claims on January 17, 2019.

Furthermore, the defendant on January 18, 2019, pursuant to the assignment contract of this case, shall be the defendant on January 151.

arrow