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(영문) 서울중앙지방법원 2017.01.12 2016가합405
부인의 소
Text

1. Defendant Nau Co., Ltd., Ltd., Ltd., shall be the Defendant Co., Ltd., Ltd., for each debtor listed in attached Table 1.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a stock company established for the purpose of manufacturing and selling clothes, processing and processing business, etc.

A, after its establishment, has been equipped with the "D", which is the brand of golf kinds, and has been engaged in the manufacturing and selling business of golf kinds through the national agencies.

B. A, around October 6, 2014, the current account transaction was suspended due to the failure to pay promissory notes of KRW 50,000,000 and KRW 357,600,000 on October 7, 2014.

C. On October 13, 2014, A transferred to some creditors the inventory goods of A’s agency and the right to claim the consignment sale price, etc., and in detail, the Defendant Boenal Co., Ltd. transferred each of the corresponding claims against each of the obligors listed in the “debtor” column in the attached Table 1 (it appears that the date of preparation is October 6, 2014, but the date of conclusion of the contract for the actual transfer of claims is October 13, 2014). Defendant C transferred each of the corresponding claims against each of the obligors listed in the “debtor” column in the attached Table 2, and each of the corresponding claims against Defendant Boenal Co., Ltd. against each of the obligors listed in the “debtor” column in the attached Table 3, respectively.

(hereinafter referred to as "transfer of claims of this case" in total of the above assignment contracts.

On December 27, 2014, A filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2014 Ma100208, but the said application was dismissed on March 18, 2015 on the ground that A’s continued corporate value is higher than A’s continued corporate value.

E. On March 24, 2015, A filed a bankruptcy report with the Seoul Central District Court 2015Hahap10060, and was declared bankrupt on April 24, 2015, and the Plaintiff was appointed as the bankruptcy trustee on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 3, and 4, witness E's testimony, the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion A entered into a contract on the assignment of claims of this case with the Defendants immediately after the Plaintiff’s default.

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