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(영문) 수원지방법원 성남지원 2018.06.14 2016가단213359
사해행위취소
Text

1. The plaintiff

A. Defendant B’s KRW 156,090,060 as well as 6% per annum from March 30, 2016 to June 10, 2016; and

Reasons

1. Determination as to claims against Defendant B and C

A. The facts of recognition [based on recognition] are without dispute; Gap evidence 1, 3, and 4; Gap evidence 2-1; and the purport of the whole pleadings 1) The plaintiff is an enterprise manufacturing, importing, and selling a bowling product with the trade name of "F;" Defendant B and C operated a bowling product wholesale business and a bowlinging plant with the trade name of "G". 2) The defendant C transferred 50% of the shares of "G" on October 1, 2014 to the defendant B, and the defendant B independently operated "G".

3) The Plaintiff supplied a bowling product to “G” from around 2007. As of September 30, 2014, immediately before the Defendant C withdraws from a partnership relationship, the unpaid goods price of “G” as of September 30, 2014 is KRW 101,593,060, and the unpaid goods price as of March 30, 2016 is KRW 156,090,060. (B) If the association’s liability for judgment on the cause of the claim is borne by the act of commercial activity for all members, the joint and several liability of the Defendants, who are members, shall be determined by applying Article 57(1) of the Commercial Act (see, e.g., Supreme Court Decisions 97Da6919, Mar. 13, 198; see, e., Supreme Court Decisions 97Da6919, Mar. 13, 198; 200, Defendant C and the Plaintiff are jointly liable for the unpaid goods price due to all members.

Therefore, barring any special circumstance, Defendant B shall pay to the Plaintiff the amount of KRW 156,090,060 for the unpaid goods as of March 30, 2016 and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from March 30, 2016 to June 10, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

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