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(영문) 의정부지방법원고양지원 2015.11.05 2014가합1720

사해행위취소

Text

1.(a)

With respect to the claims described in Section 1 of the Attached List between EF Communications Co., Ltd. and Defendant A and B, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff produced and supplied video works to Ep Communications Co., Ltd. (hereinafter “Ep Communications”) and received a total of KRW 252,780,000. Of them, the Plaintiff did not receive KRW 108,548,630 among them.

On October 5, 2012, the Plaintiff filed a claim for the payment of goods against e-mail (Seoul Southern District Court 2012Gahap13379), and was sentenced to the judgment of October 5, 2012, that “this communication shall pay to the Plaintiff 108,548,630 won with 6% per annum from April 16, 2012 to June 4, 2012, and 20% per annum from the next day to the day of full payment.”

B. EF communication transferred the claims listed in paragraph (1) of the attached Table to Defendant A and B on May 2, 2012, and notified the assignment of the claims to ELE Co., Ltd. (hereinafter “ELE”), the debtor, on May 15, 2012. ② On April 18, 2012, Defendant Design Mar. 15, 2012, transferred the claims listed in paragraph (2) of the attached Table to ELE Co., Ltd. (hereinafter “Defendant Design Mar. 2, 2012”); ③ on June 27, 2012, Defendant FurS (hereinafter “Defendant FurS”), transferred the claims listed in paragraph (3) of the attached Table to ELENS Co.,, Ltd. (hereinafter “Defendant FurS”), and notified the assignment of the claims on June 27, 2012.

C. On April 2012, EF communication’s property status was in excess of obligations as follows.

1) Active property: Claim 208,552,249 won (On the other hand, e-mail had around April 2012, 2012, Nos. 12-1205, 1206, and 1207 of the Gangseo-gu Seoul Metropolitan Mazz Center No. 12-1205, 1206, and 1207, however, on the real property, there was a right to collateral security of total maximum debt amount of KRW 1.33 billion.

2) Small property: ① Obligation 252,780,000 against the Plaintiff, ② Value-added tax, corporate tax, KRW 124,045,750, ③ health insurance premium of KRW 47,760,710, ④ stock company.