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1. Of the instant lawsuit, the revocation of a sales contract for the machinery listed in the separate sheet as of May 10, 2012 between C and the Defendant.
Reasons
1. Basic facts
A. The Plaintiff’s loan claim 1) The Plaintiff is D Co., Ltd. (hereinafter “Nonindicted Company”) on December 2, 2011.
(2) The Plaintiff applied to the Busan District Court for a payment order of KRW 177,1250,000 for the above loan amounting to KRW 177,1250,000 to the non-party company from December 8, 2011 to March 30, 2012, and the payment order was issued on October 9, 2012, and the above payment order was finalized on November 10, 201.
B. On May 2, 2012, G, the representative director of the non-party company of the instant accord and satisfaction agreement, concluded a payment and satisfaction agreement (hereinafter “instant accord and satisfaction agreement”) with C, F, and E (hereinafter “non-party”) under the status of excess of debt, and transferred the following things or rights, including the attached list (hereinafter “instant machinery”) to C and two others.
1. The non-party company bears the liability of KRW 440 million against the non-party C and two others as follows:
C. Foods
(a) A liability of KRW 300 million for the amount of goods purchased from F, around February 2010, six items, including business automatic assembly machines and other six items;
(b) loan obligations of KRW 100 million borrowed from E on December 2010.
(c) loan obligations of 40,000 won borrowed from C on November 2011.
2. The non-party company bears a debt of KRW 440 million against the above three creditors. At this time, the ownership of the items indicated below the non-party company's ownership is transferred to C and two others in lieu of the performance of the obligation.
A. L. L. L.I.
A. As of April 26, 2012, the factory machinery (this case’s machinery) and office fixtures kept in the factory No. 102 203 Dong-dong H building 102 Dong-dong, Bupyeong-gu, Busan and the non-party company
(b) 15 million won for the above factory rental deposit;
C. All patents registered under the name of the non-party company
D. All certificates issued in the name of the non-party company
C. The Defendant of the instant sales contract is on December 2012.