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(영문) 수원지방법원 2021.03.04 2020가단544996
매매계약 부인 등의 소
Text

On December 5, 2019, it was concluded between the debtor A corporation and the defendant as to the motor vehicles listed in the attached list.

Reasons

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”) (hereinafter “A”) holds 74% stocks of a director D, the representative of which is a company engaged in IT construction and maintenance business, etc. established on January 20, 200.

B. A mainly caused sales through the National Tax Service’s tender. From 2016, a continuous loss was incurred due to a sudden decline in sales, due to the excessive input of development costs, etc. A discontinued its business on early 2019, and its employees, other than the representative D, retired from their office, and actually discontinued its business.

On March 2020, A filed a petition for bankruptcy with the Suwon District Court 2020Hau141, which was declared bankrupt by the same court on April 17, 2020, and on the same day, the Plaintiff was appointed as A's bankruptcy administrator.

(d)

A, at the time of the declaration of bankruptcy, the total assets are KRW 100 million, and the total liabilities are approximately KRW 2.8 billion.

E. On September 6, 2017, Part A borrowed KRW 45 million from the Defendant, the wife of D, and on December 5, 2019, entered into a sales contract (hereinafter “instant sales contract”) with respect to automobiles listed in the attached Table (hereinafter “instant automobiles”) for the repayment of the said loan debt, and completed the procedure for the registration of ownership transfer in the name of the Defendant on the same day, and thereafter the registration was completed on the grounds that the instant automobiles were delinquent in local tax, etc.

[Grounds for recognition] Evidence Nos. 1 through 14, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The phrase “a person who knows that he/she would injure the creditor’s bankruptcy”, which is an act subject to avoidance as prescribed by Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “debt Rehabilitation Act”), is a general property of the debtor, which is a joint security of the total creditor, from the bankruptcy foundation.

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