beta
(영문) 제주지방법원 2018.11.20 2018가단51814

사해행위취소

Text

1.(a)

On May 2, 2017, the rights stated in the attached list (1) between Defendant and C were concluded between Defendant and C.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) was established for the purpose of newspaper publishing business, etc. and was closed on October 23, 2013. The Plaintiff is an employee of C, who was employed as a member of C and retired from office, holding the unpaid wage and retirement allowance claim equivalent to KRW 39,417,021 as to C.

B. On August 4, 2011, the Defendant: (a) was incorporated into “Co. E” for the purpose of packing pumps and manufacturing and selling internal funeral services; and (b) changed the trade name into the current trade name on December 23, 2014; and (c) changed the purpose of business into newspaper publishing business, etc.

The representative director of the defendant is the actual private interest of C and F, the representative director of F.

C. Around August 2015 to September 2015, the Defendant entered into a contract with C to obtain the right to the trademark indicated in the separate sheet (1) (hereinafter “instant right”) and (2) of the same list (hereinafter “instant trademark right”). On October 2, 2015, the Defendant completed the registration of the entire transfer of the right to the instant trademark.

On October 2015, the employee of C, including the Plaintiff, filed a lawsuit against the Defendant for the cancellation of the acquisition agreement of the instant right and trademark right by the Jeju District Court 2015Gahap11393, and the same court rendered on November 17, 2016 on the ground that the pertinent acquisition agreement constitutes a fraudulent act, and thus, ordered the cancellation and restitution of the said agreement.

Although the defendant appealed against the above judgment, the above judgment became final and conclusive after the defendant withdraws the appeal.

E. On April 14, 2017, the Defendant had completed the registration for the transfer of all rights arising from the transfer to C with respect to the instant trademark, but on May 1, 2017, concluded a transfer agreement with C again with C on May 1, 201, with respect to the instant trademark at KRW 5 million, and the following day.

5.2. The transfer of rights was registered by C;

F. On May 2, 2017, the Defendant is obliged to take over the instant right in the amount of KRW 5 million with C and 5 million.