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(영문) 서울중앙지방법원 2019.02.20 2018가단5167072

사해행위취소

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) 45,000,000 won;

B. Of them, 25,00,000 won from June 9, 2018 to June 2018

Reasons

Attached Form

Facts in the cause of the claim may be recognized by each entry in Gap evidence 1 through 6 (including paper numbers).

However, the Defendants asserted to the effect that, as the Incheon District Court 2018 Association 100965 (Defendant B), 2018 Association 100972 (Defendant C) applied for individual rehabilitation, they cannot respond to the Plaintiff’s claim.

However, a lawsuit filed prior to the commencement decision of an individual rehabilitation procedure is not affected by the individual rehabilitation procedure until the commencement decision is made. Even if the judgment of this case is rendered, the Defendants cannot be deemed to have any disadvantage in preparing a rehabilitation plan and obtaining authorization in the future in the individual rehabilitation procedure, individual rehabilitation creditors may be reimbursed prior to the commencement decision of the individual rehabilitation procedure, and the litigation procedure shall not be interrupted even if the individual rehabilitation procedure is

(Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act). Therefore, the defendants' above assertion is without merit.

The plaintiff's claim is accepted.