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(영문) 인천지방법원 2017.11.29 2017가단208347
사해행위취소
Text

1. As to the patent right listed in Appendix 1:

A. It was concluded on October 20, 2016 between B and the Defendant.

Reasons

1. Facts of recognition;

A. On February 27, 2015, the Plaintiff is the Han Bank Co., Ltd. (hereinafter “One Bank”) between B and B (Business Name: E).

(1) As to the debt amount of KRW 100,00,000 on March 4, 2015 to Defendant, the term of guarantee was set on February 26, 2016 (hereinafter “instant guarantee agreement”).

The term of guarantee was extended on February 24, 2017. (2) B discontinued on October 21, 2016, and was in arrears with the credit card payment on October 24, 2016. On November 5, 2016, a credit guarantee accident, which, on November 5, 2016, lost the benefit of time due to delinquency in the interest on the above loan obligation, occurred to one bank.

3) On January 20, 2017, the Plaintiff subrogated to Han Bank for the principal and interest of KRW 100,929,955 (i.e., principal and interest of KRW 100,00,000,000) pursuant to the instant guarantee agreement (i.e., interest of KRW 929,955). B) on October 20, 2016, the Plaintiff completed the registration of transfer of all patent rights and design rights listed in the attached Table 1 and the attached Table 2 (hereinafter “instant patent rights, etc.”).

2) Meanwhile, around October 20, 2016, around October 20, 2016, B, which was at the time of the transfer of the instant patent right, had objectively exceeded the active property. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 8 (each entry including a serial number, the result of an order to submit tax information to the Incheon Bupyeong-gu Office for taxation information, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. In principle, a claim that can be protected by the obligee 1’s right of revocation for the establishment of the preserved claim should have occurred before the obligor performs a juristic act for the purpose of property right with the knowledge that it would prejudice the obligee. However, there is a high probability that the legal relationship which has already been formed at the time of the juristic act has already been established at the time of the juristic act, and that the claim is created by the near future legal relationship,

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