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1. The plaintiff's successor's application for intervention shall be dismissed.
2. The Defendants jointly share the Plaintiff KRW 232,396,630, and the Plaintiff.
Reasons
Basic Facts
Defendant C is a person working as the representative director of F Co., Ltd. (hereinafter referred to as “F”) and operated the clothing processing business, and Defendant E is a person working as the representative director of Defendant D Co., Ltd. (hereinafter referred to as “D”) and operated the clothes distribution business.
F entered into a processing contract with G Co., Ltd. (hereinafter “G”), around December 2012 (hereinafter “instant processing contract”), and subsequently manufactured approximately KRW 56,604 of the clothing 36,947 on which H trademark was attached (hereinafter “instant product”) and then sold the instant product to Defendant D at his own discretion upon receiving KRW 476,763,360 from Defendant D, while processing it by receiving approximately KRW 56,60 of the clothing 56,60.
On June 13, 2013, the Plaintiff entered into an additional contract (hereinafter “instant contract”) with the following: (a) from G on June 13, 2013, ① the goods kept in the distribution store by G, ② the inventory of products and credit sales claims; (b) G agency business bonds and security; and (c) the trademark rights held by G are transferred in KRW 1,00,000; (b) the acquisition price was paid to creditors who are not G (hereinafter “instant first contract”); and (c) on June 28, 2013, the Plaintiff entered into an additional contract with the effect that “the process products, semi-finished products, and raw materials, etc. of products kept in the distribution store and subcontractor owned by G” (hereinafter “instant second contract”).
On June 27, 2013, following the conclusion of the instant contract, G’s creditors, representative of creditors’ organization, stated that “I transferred all the property, such asG trademark rights and inventory, to the Plaintiff,” and “the clothes and subsidiary materials completed with the raw and subsidiary materials supplied inG may be disposed of in consultation with the Plaintiff, and at will, if disposed of, be liable for legal liability.”
G "F on July 11, 2013, the products, re-products, and the stock and credit sales claims, such as stock, business bonds, and business bonds, currently in F on April 17, 2013.