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1. Defendant A shall pay to the Plaintiff KRW 91,860,79 and the interest rate of KRW 15% per annum from November 4, 2015 to the date of full payment.
Reasons
1. Determination as to the Plaintiff’s claim against Defendant A
A. Indication of claims: as shown in the Attached Form “Cause of Claim”
(b) Judgment by publication: Article 208 (3) 3 of the Civil Procedure Act;
2. Determination as to the Plaintiff’s claim against Defendant B and C
A. Defendant A transferred real estate and facilities listed in the separate sheet (hereinafter “instant factory foundation”) and D business to Defendant B and C. The transfer of the business should be revoked as it constitutes a fraudulent act. Defendant B, C, and C, who is a preliminary transferee of the business, should restore to their original state, or jointly and severally perform the obligation to pay the outstanding amount.
B. Determination 1) The fact that Defendant A entered into a contract to sell the instant factory foundation with Defendant B and C on February 5, 2015 (hereinafter “instant contract”) (hereinafter “instant contract”) does not conflict.
B) Furthermore, as to whether Defendant A transferred the business to Defendant B and C, the transfer of business under the Commercial Act refers to a company organized for a certain business purpose, i.e., a human and physical organization, and whether the business was transferred to a whole, and the issue of whether the business was transferred to a certain extent is not determined by which the business property is transferred to a certain extent, but by which the previous business organization is maintained and its organization can function as a whole or an important part. Thus, even if the business facility was transferred to a third party without reserving a part of the business property, it is recognized as a transfer of business under the social concept that the previous organization is maintained even if it was transferred to a third party, it shall be deemed as a transfer of business (see, e.g., Supreme Court Decisions 2002Da23826, May 30, 2003; 2012Da1247, Feb. 15, 2013).