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1. The defendant shall deliver to C the articles listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Under the trade name of D, the Plaintiff is engaged in the distribution and sales business of petrochemicals.
The defendant is the representative of the fixed-scale manufacturer E for printing.
The defendant is C's child who operated F in relation to the transaction with the plaintiff.
From January 10, 2012 to February 3, 2012, the Plaintiff supplied C with petrochemicals equivalent to KRW 33,771,251, and received KRW 14,500,000 from February 16, 2012 and has the principal claim for the amount of KRW 19,271,251.
C around March 2012, around 2012, the Defendant transferred all the instant machinery and equipment used for his own business to the Defendant, and is engaged in the same kind of business in E established under the name of the Defendant.
On the other hand, C filed a petition for bankruptcy and immunity with the Suwon District Court 2013Hadan1795 on March 13, 2013, and was declared bankrupt on March 13, 2014, but C was decided not to grant immunity.
In the above case, C asserted that the transfer of the instant machinery and equipment to the Defendant was an accord and satisfaction with the Defendant’s wage claim, but not accepted.
[Grounds for recognition] A1 to 10, the purport of the entire pleadings
2. The Plaintiff’s determination as to the cause of the claim is that C’s act of transferring the instant machinery and equipment to the Defendant is null and void by a false conspiracy with the intent to evade compulsory execution. Thus, the Plaintiff seeks to deliver the instant machinery and equipment to the Plaintiff by subrogation of the Defendant, who is insolvent, in lieu of C
In full view of the circumstances revealed by the aforementioned facts and evidence, namely, C is deemed to have been in excess of its obligation at the time of the disposition of the instant machinery and equipment, and as such, C’s act of disposal on the instant machinery and equipment is deemed to be the most likely act of accord and satisfaction in order to avoid compulsory execution, in view of the following: (a) the fact that it appears that it had been in excess of its obligation at the time of the disposition of the instant machinery and equipment; (b) the entire machinery and equipment of the company that it had been transferred to the Defendant immediately before the filing of the petition for bankruptcy;