사해행위취소
1. Defendant Incorporated Co., Ltd.: (a) KRW 250,000,000 for the Plaintiff and its related thereto, from August 13, 2014 to March 13, 2016.
Basic facts are corporations that run the wholesale and retail business by-products of livestock, and Defendant Incorporated Agricultural Company B (hereinafter “B”) is corporations that run the business of slaughter of cattle and pigs, meat processing, manufacturing business, etc.
On June 11, 2015, Defendant B entered into a contract for the transfer of all business rights, including Defendant Maman International Co., Ltd. (hereinafter “Maman International”) and the land and buildings listed in the separate sheet (hereinafter “instant real property”), machinery, equipment, vehicles and corporeal movables, and the right of authorization and permission (including value-added tax) (hereinafter “instant transfer contract”).
The main contents thereof are as follows:
Article 1 (Purpose of Contract) Defendant B transfers the instant real estate, machinery, apparatus, vehicles, and corporeal movables to Defendant Mazers, and succeeds to the various kinds of authorization and permission rights, public waters, or the right to use State-owned land owned by Defendant B to operate a slaughter business, and Defendant Mazers pay the price therefor.
Article 3 (Payment for Acquisition by Transfer) The payment for the "subject matter of acquisition" provided for in this Agreement shall be KRW 13,475,00,000 (including value-added tax), and the details shall be as follows:
Land price: 3.5 billion won
(b) Costs of buildings: 2.5 billion won; and
(c) Machines and instruments: 20 million won;
(d) Vehicles and corporeal movables: 1.5 billion won;
(e) All kinds of goodwill, including various licenses and permits: Article 4 (Timing and Amount of Payment) of the cost of 4.87 billion won;
(a) A down payment of one billion won shall be paid immediately after the written contract is drawn up and received by the registry with the registration of ownership transfer;
(b) Any balance of KRW 479,115,529 shall be paid two months after the date of conclusion of the contract after deducting the down payment and all kinds of deductions under this contract from the acquisition price.
The amount of KRW 479,115,529, which was settled on the basis of a detailed statement of obligation that stated the items to be deducted from the purchase price, is estimated at the time of conclusion of the contract, and items to be deducted.