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(영문) 수원지방법원 2018.10.11 2017가단544392
부인의소 등
Text

1. Defendant C is on June 13, 2016 between Defendant C and the debtor corporation, and Defendant C and the debtor corporation.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a company established for the purpose of manufacturing lighting and wholesale and retailing trade among LELD (LED).

B. Defendant D Co., Ltd. (hereinafter “Defendant Company”) entered into a contract for the full-time processing of Dom gold, one of the main processes of the printing circuit board produced by Defendant Company, with Defendant Company, (hereinafter “Defendant Company”), and subsequently, it has carried out the full-time processing of Dom gold.

C. On June 13, 2016, A, among those, entered into a contract with Defendant C on the transfer of claim transfer of KRW 15,000,000 (hereinafter “instant claim”) out of the attempted bonds owned by the Defendant Company according to the instant contract for forest contract with the name of “F” and notified the Defendant Company of the said assignment of claim.

On the other hand, A was declared bankrupt on October 18, 2016 by filing a petition for bankruptcy with the Suwon District Court 2016Hahap37 on August 30, 2016, and the Plaintiff was appointed as a trustee in bankruptcy.

On the other hand, as of December 31, 2015, A's property status was about KRW 25.1 billion on the financial statements, and about KRW 20 billion on the debt amount.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, significant facts in this court, purport of the whole pleadings

2. Part on the exercise of avoidance power;

A. (1) Determination as to the cause of the claim (1) The “act that the debtor knew that it would inflict damage on the bankruptcy creditors,” which is an act subject to avoidance as prescribed by Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), deviates from the bankruptcy estate of the debtor’s general property, which is the joint security of the general creditor.

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