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(영문) 의정부지방법원고양지원 2014.06.27 2012가합51783
사해행위취소
Text

1. Defendant E: (a) KRW 183,782,526 to the Plaintiff Camamba Co., Ltd.; and (b) KRW 37,445,818 to the Plaintiff Camba Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff Camamamamba Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) and the Young Kamba medicine are companies supplying medicines to the instant pharmacy operated by Defendant E, and the Plaintiff A and the Plaintiff C are the employees of the instant pharmacy, the Plaintiff C were known to each of the pharmacists to Defendant E.

B. On November 23, 2012, Defendant E transferred all of the instant pharmacy’s inventory drugs, facilities, leases, goodwill, etc. to Defendant D with KRW 150 million (hereinafter “instant transfer/acquisition agreement”).

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 11, purport of the whole pleadings

2. Determination as to the claim against Defendant E

A. According to the purport of each of the statements and arguments stated in Gap evidence Nos. 4 and 9, the plaintiffs can recognize that defendant E has the following claims:

Plaintiff

(1) The amount (cost) shall be the amount of 70,000 Promissory Notes I, the due date of 65,000,000 Promissory Notes J on November 31, 2012, and the due date of 48,000,000 Promissory Notes L transfer of KRW 105,000,000 or K at KRW 40,000 on December 31, 2012, and the due date of 48,000,000 Promissory Notes L, the due date of 37,448,818 Pharmaceutical Proceeds A15,00,000,000 won, loans of KRW 1,3,00,000 on October 31, 201, and loans of KRW 100,000,000,000 on loans of KRW 782,52,000,000 on February 28, 2013,

(1) 40,000,000 Promissory Notes (No. 20,000,000 as stated) on December 31, 2012, 31, C31,167,000 Promissory Notes (No. 233, 2011, No. 2011, No. 233 of a notary public) on payment of KRW 75,000 or partial payment of the amount of face value.

B. Defendant E’s assertion (i) as to the Plaintiff’s claim, Defendant E paid KRW 20 million for Defendant E’s debt out of the claim of KRW 110 million claimed by Plaintiff B, and the remainder of KRW 90 million is the actual debtor by O Hospital.

Modern, Bana No. 1.

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