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(영문) 서울북부지방법원 2016.10.20 2015가합1707

사해행위취소등

Text

1. B between the Plaintiff B and the Defendant, and between the Defendant and Nonparty D Co., Ltd.

(a)each trademark right listed in the separate sheet No. 1; and

Reasons

1. Basic facts

A. H Co., Ltd. (hereinafter “H”) is a stock company incorporated on January 2, 2013 for the purpose of developing, manufacturing, and selling robots for education, and the Defendant is a H’s intra-company director from March 12, 2013, and became the representative director from March 4, 2014.

B. Nonparty D Co., Ltd (hereinafter “D”) was the person who was the owner of the trademark right listed in the separate sheet No. 1, the design right listed in the separate sheet No. 2 (A) (hereinafter “instant trademark right” and “instant design right”), and the rehabilitation procedure was abolished on June 3, 2013 following the decision to commence rehabilitation procedures by the Gwangju District Court on November 14, 2013, and closed on July 31, 2013.

C. As of November 2012, upon which the application was filed for the commencement of the foregoing rehabilitation procedure, D assumed a debt of KRW 2,492,832,91,914, claims for reimbursement of KRW 1,091,482,093, commercial transaction debt of KRW 2,044,062,036, claims for reimbursement of KRW 580,000,000, claims for reimbursement of unpaid amount of KRW 285,806,110, tax liability of KRW 31,945,020, total amount of KRW 6,526,128,173.

Among them, the Plaintiff Company A (hereinafter “Plaintiff Company”) held the commercial claims of KRW 4,047,00,000, Nonparty I held the commercial claims of KRW 208,373,086, and Nonparty J held the loans of KRW 200,000,000, respectively.

Plaintiff

On July 15, 2014, B, the representative director of the company, took over the claims of J on July 15, 2014, and I’s claims on July 21, 2014, and J sent each notice of assignment to D on July 16, 2014, and I on July 22, 2014, respectively.

Registration of transfer subject to temporary transfer on July 17, 2014, each of the trademark rights listed in the separate sheet Nos. 3, 4, 6, 7, 8, and each of the design rights listed in the separate sheet No. 2 as of July 17, 2014, received on July 17, 2014, as of July 17, 2014, as of July 26, 2014, each of the design rights listed in the separate sheet Nos. 1, 2, and 5 as of July 26, 2014, as of July 26, 2014.

E. D concludes a contract to transfer the trademark right of this case and the design right of this case to the defendant (hereinafter “each transfer contract of this case”), respectively, as follows.