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1. A transfer agreement entered into between C and the Defendant on January 23, 2015 shall be revoked.
Reasons
1. Basic facts
A. On January 15, 2014, the Plaintiff lent KRW 54,500,00 to C as of December 30, 2014, and C repaid KRW 25,000,000 among the above loans to the Plaintiff around 2014.
The Plaintiff filed a lawsuit against C with the Gwangju District Court No. 2015Kadan2551, which stated that “C shall pay to the Plaintiff 29,50,000 won and interest calculated at the rate of 5% per annum from December 31, 2014 to May 18, 2015 and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.
As of September 2, 2016, the amount of loans extended to the Plaintiff C is KRW 20,118,400.
B. On January 23, 2015, C transferred a patent right listed in the separate sheet (hereinafter “instant patent right”) to the Defendant (hereinafter “instant patent transfer contract”) and completed the registration of transfer in the name of the Defendant on January 23, 2015, with the receipt of the Korean Intellectual Property Office as to the instant patent right on January 23, 2015.
C. C is the representative director of the defendant.
【Ground of recognition】 The fact that there is no dispute, entry of Gap 1, 3, and 6's evidence, the purport of the whole pleading
2. Determination
A. According to the facts based on the existence of the preserved claim, the Plaintiff had a loan claim against C at the time of entering into the instant patent transfer agreement, and the said loan claim is a preserved claim for the obligee’s right of revocation.
B. There is no dispute between the parties that, at the time of entering into a contract for the transfer of the patent of this case insolvent C, C was in excess of its obligation.
(see Protocol of Pleadings). (c)
In the event that the debtor's assets are insufficient to fully repay the debtor's assets, and if the debtor provided his assets to a certain creditor as payment in kind or as a security, barring any special circumstance, it would be prejudicial to the interests of other creditors, and it would be a fraudulent act in relation to other creditors.