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(영문) 인천지방법원 2020.09.16 2019가단33943

사해행위취소등

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The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed an application for payment order against C, as the Incheon District Court 2019 tea5402, seeking payment of the purchase price of goods, such as dysing and sampling, against C.

On October 28, 2019, the above court ordered the Plaintiff to pay KRW 3,223,00 and 12% interest per annum from the day following the service date of the original copy of the instant payment order to the day of complete payment. The above payment order was served to C on October 31, 2019 and became final and conclusive as of November 15, 2019.

B. On November 18, 2019, the Defendant decided to acquire all matters regarding factory registration and equipment from C, and entered into a transfer contract with C as follows (hereinafter “instant transfer contract”).

[The transfer and acquisition contract of this case] The corporation C and the defendant conclude the transfer and acquisition contract for the registration of factory in Seo-gu Incheon Metropolitan City D as follows.

Article 1 The purpose of this Agreement is to take over all rights and obligations relating to the registration of factory of a company operated by C by C.

Article 2 The date of transferring all of the factory registration and equipment to the defendant by Article C shall be November 18, 2019.

In addition to the provisions of this Agreement, if an agreement on the transfer or acquisition of a business takes place in addition to the provisions of this Agreement, such agreement shall enter into force under the agreement between C and the defendant, unless it violates the provisions of this Agreement.

C. On December 5, 2019, the Plaintiff: (a) sought to seize corporeal movables located in a factory building located in Seo-gu Incheon Metropolitan Government D (hereinafter “instant factory”); (b) however, according to the instant transfer and acquisition contract, the instant factory only exists with corporeal movables owned by the Defendant; and (c) failed to seize corporeal movables owned by the Defendant, on the ground that the instant factory did not have found C’s goods.

[Reasons for Recognition] There is no dispute;