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(영문) 서울동부지방법원 2015.08.21 2014가단43077
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 31, 2012, the Plaintiff Company B (hereinafter “Nonindicted Company B”) entered into an agreement on the loan amounting to KRW 490,000,000 (in the end, the loan principal is KRW 300,000,000,000,000,000) with the Bank of Korea (the subsequent change of KRW 300,000,000,000) with respect to the preserved claim against the Plaintiff Company B, and at the same time, D, the representative director of the Nonparty Company, entered into a limited collateral guarantee agreement with respect to the real estate owned by D.

(2) On the date of distribution of the 19th Asset-backed Securitization Co., Ltd.’s 19th Asset-backed Securitization Co., Ltd.’s 27 December 2012, 2012, us received dividends of KRW 279,070,028 out of the amount of credit amount of KRW 371,892,131 (the principal amount of KRW 300,000 + interest of KRW 71,892,131) reported on December 5, 2013.

(3) As of February 18, 2014, the Plaintiff received 95,040,157 won from the 19th Asset-backed Securitization Specialized Company, among the instant loan claims, as well as interest claims, etc. thereon, from us, and the same year.

3. As of August 22, 2014, the Plaintiff’s balance of the principal and interest of the instant transferee’s claim against the Nonparty Company as of August 22, 2014 (i.e., principal KRW 95,527,075 + interest KRW 10,358,010 + interest 10,010).

B. The patent rights listed in the separate sheet between the non-party company and the defendant as indicated in the separate sheet (1) were registered as the obligee as the non-party company. The patent rights listed in the separate sheet No. 4 were registered with the Korean Intellectual Property Office as the obligee, and the non-party company was registered as the obligee, and completed the entire transfer registration of rights to the non-party company as of February 29, 2008.

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