배당이의
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
3...
1. The reasons for this part of the underlying facts are as follows, except for the addition of Gap evidence Nos. 16 through 29 to the grounds for recognition, and therefore, it is identical to the corresponding part of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure
2. The assertion and judgment
A. In excess of the debt of the non-party company, the defendant asserts that the total amount of assets under the financial statements of the non-party company in 2015 is KRW 4,005,232,232, and the total amount of the debt is KRW 1,578,823,529, and the non-party company continues its business without closing its business until now, and that the non-party company is not in excess of the debt at the time of concluding the contract for
However, comprehensively taking account of the following circumstances, as seen earlier, evidence, evidence Nos. 6 through 10, 13, 14, 15, and evidence Nos. 2, 15, 17, 22, and 23, the total amount of assets and liabilities stated in the above financial statements is difficult to believe that there is a difference in the value of assets and liabilities of the non-party company. Rather, at the time of concluding the instant transfer of claims, the non-party company is deemed to have exceeded the value of assets actively donated, and it is not recognized that the non-party company’s self-reliance was recovered at the time of the conclusion of the instant transfer of claims.
Therefore, the defendant's above assertion is without merit.
① According to the financial statements of the non-party company, cash and valuables were KRW 570,074,410 as of December 31, 2015. The deposit balance of the account of the non-party company and the account of G (the representative director of the non-party company) used by the non-party company is limited to KRW 1,817,458,97,146, totaling KRW 2,814,604, respectively. According to the financial statements of the non-party company, securities available for sale among current assets reaches KRW 1,80,000,000 as of December 31, 2015. The financial transactions of each of the above accounts cannot be found in all, and otherwise, the non-party company’s securities equivalent to the above value.