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(영문) 대전지방법원 홍성지원 2018.01.18 2016가합1370 (1)
사해행위
Text

1. The Defendant’s KRW 19,38,10 for the Plaintiff and KRW 6% per annum from August 30, 2017 to January 18, 2018.

Reasons

1. Basic facts

A. On December 8, 2015, D and the Defendant entered into a contract for transfer of assets and goodwill (hereinafter “instant contract for transfer of assets and goodwill”) with the name of E, namely, D and C engaged in the gambling business, and the Defendant engaged in the business of manufacturing prestigious boxes, etc. (hereinafter “instant contract for transfer of assets and goodwill”).

(i) Article 1;

1. Type of transaction: D shall transfer to the defendant all of the assets manufactured by its own company;

2. Subject to transfer: Article 2 (Transfer Price and Method of Payment) (No Bonds and Obligations other than those subject to the above transfer, such as Financial Obligations related to D's Customer Claims, Obligations, Fixed Assets, Employees' Wage Obligations, etc.) (No Bonds and Obligations shall be succeeded to) of the respective real estate listed in the separate sheet (hereinafter referred to as the "factory and Site") such as machinery, equipment, equipment, fixtures, vehicle transport equipment, and business rights of the existing Customer;

1. Amount: 3.150 million won (including value-added tax);

2. Payment: Payment of the down payment (10% of the total transaction amount) shall be made on the date of conclusion of the contract, and the balance (90% of the total transaction amount) shall be paid on March 2, 2016 with respect to the real estate and vehicle transport equipment, the registration of which is terminated.

3. At the time of receipt of any balance, D shall deposit with the Defendant an amount equivalent to 10% of the transaction amount (hereinafter “deposit”) in order to secure the performance of the terms and conditions of the agreement set out in this Agreement, and if the Defendant and D agree that all the terms and conditions of the agreement set out in this Agreement have been terminated without any lapse of May 31, 2016, the Defendant shall immediately pay the deposit to D.

Article 3 (Transfer of Ownership)

1. The date of transfer of ownership of the assets subject to transfer shall be determined by March 2, 2016 where the transfer of ownership of the assets subject to transfer and the registration thereof are made;

2. Claims incurred prior to the date of transfer of ownership shall be classified into D rights, and debts, taxes, public charges and other charges imposed and other expenses shall be borne by D;

Any claim arising after the date of ownership transfer shall be the defendant.

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