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(영문) 서울고등법원 2015.09.10 2014나2032326
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On August 30, 2013, the Plaintiff filed an order for payment with the Suwon District Court for the payment of KRW 650,478,261 with respect to the claim for the payment of goods at KRW 650,478,261 with the Korea Electric Cable, and received payment order from the said court that “Korea Electric Cable shall pay to the Plaintiff the said KRW 650,478,261 and any delay damages therefor,” and the said payment order became final and conclusive on September 24, 2013.

On the other hand, on January 30, 2013, Korean Electric Cable transferred the claim for the purchase of goods to the Defendant for Scia Co., Ltd. (hereinafter “Scia”), and prepared a contract for the assignment of claims and a notice of the assignment of claims that delegates the right to notify the Defendant of the assignment of claims. At the time, the said contract for the assignment of claims was concluded in a state where the amount of debts and the amount of transferred claims to the Defendant, the amount of transferred claims, and the date of notification was blank.

The Korean Electric Cable sent the final installment map around July 2013. The Defendant deposited the amount of claims against Korean Electric Cable at KRW 611,281,066, the amount of transferred claims at KRW 366,525,030, the amount of transferred claims under the said notice of assignment of claims at KRW 366,525,030, and the date of notification at June 30, 2013; and on July 9, 2013, the said notice of assignment of claims was sent to the Korean Electric Cable on July 10, 2013; and on July 10, 2013, the Defendant deposited the said notice to the Defendant with the Korean Electric Cable at KRW 36,525,030,530,5371,000, on the ground that the execution of provisional attachment was made with respect to KRW 53,471,000,000.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3 through 9, Eul evidence Nos. 2, 3, 4, 10, and 11 (including branch numbers), the plaintiff's assertion of the purport of the whole pleadings, the plaintiff's assertion of the purport of the whole pleadings, and the date when the plaintiff's argument Korean cable transfers the claim of this case to the defendant is not January 30, 2013.

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