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(영문) 수원지방법원 2017.12.07 2017가단311
사해행위취소
Text

1. On November 3, 2016, the operation of the 4, 5th E-sports Center between the Defendant and C is related to the business of the e-sports building and the 5th E-sports Center.

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company C (hereinafter “C”) on January 1, 2014.

(C) Around July 31, 2015, the payment period of KRW 10,000,000,000,000,000,000 won, out of the principal amount, was set as of August 31, 2015, respectively. C is the E-sports center (hereinafter “instant sports center”) on the e-sports building D, 4, and 5th floor in e-sports.

(2) On July 9, 2015, the Plaintiff: (a) made a written statement to the Plaintiff that “if the Plaintiff sells all or part of the C’s property, it shall be paid preferentially to the Plaintiff with the proceeds from the sale of the property, and the said written statement shall be notarized.”

3) Although C paid to the Plaintiff KRW 111,00,000 of the above borrowed amount, it was impossible to repay the remainder of the borrowed amount from October 7, 2016 to the end of the argument in this case, and it was unable to pay KRW 135,00,000 (including delayed damages) out of the borrowed amount until the closing of argument in this case. Meanwhile, F, the representative of C, guaranteed C’s obligation to repay the borrowed amount to the Plaintiff, but the F and C are not able to repay the borrowed amount. (B) On November 3, 2016, C and C were unable to repay the Plaintiff’s obligation as seen above, while C and C were unable to perform the obligation with the Plaintiff, it entered into a contract with the Defendant to transfer or acquire all business rights, including the sports organization established in the sports center of this case, which is its sole property, to the Defendant in lieu of the obligation amount of KRW 520,000,000,000,000 (hereinafter “instant contract”).

2) At the time of entering into the instant transfer/acquisition agreement, C was in excess of the obligation, and the Defendant, who works for the head of the business division of C, was well aware of C’s debt details. 3) The Defendant acquired the instant sports center by transfer and completed its business registration under his/her name.

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