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(영문) 서울서부지방법원 2014.08.28 2012가합10904
사해행위취소
Text

1. The defendant shall pay to the plaintiff KRW 11,182,277,441 as well as to the day of full payment from the day following the day when this judgment became final and conclusive to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiffs’ relations between Co., Ltd. and Filial Resources Co., Ltd. (1) prior to the takeovers listed in the separate sheet (1) are limited to Filial Resources Co., Ltd. (hereinafter

A) On December 27, 197, the company was established for the purpose of producing and selling ornamental trees, landscaping works, and landscaping planting business. Around 1998, the company had extended its business purpose after acquiring the Scream and ice manufacturing and selling business, and milk processing and selling business by expanding its business purpose. (2) Prior to the taking-over of the attached list (1) the Plaintiffs are creditors who supplied or transported enzy resources, packing materials, and who did not receive any goods or transportation expenses.

B. An act of disposing of enzy resources 1) Enzy resources is an act of disposing of enzy resources to the Defendant on October 28, 201, each of the real estates listed in the separate sheet (2) (hereinafter “each of the instant real estates”).

(2) The gift of this case (hereinafter referred to as “instant donation”)

(C) On November 11, 2011, the registration of the transfer of ownership was completed on the grounds of the above donation. C. On November 10, 2011, the effective resources were filed for a corporate rehabilitation procedure on December 2, 201 with the Seoul Central District Court 201hap155, and was decided to commence the rehabilitation procedures on December 17, 201 on the grounds that the liquidation value is higher than the continuous corporate value.

2) After July 26, 2013, the effective resources filed an application for bankruptcy of a corporation with Seoul Central District Court 2013Hahap124, the Seoul Central District Court (hereinafter “Seoul Central District Court”) on September 5, 2013, the said court declared bankruptcy of effective resources and appointed A as a trustee in bankruptcy.

On September 29, 2012, before taking over the instant lawsuit, the Plaintiffs filed the instant lawsuit against the Defendant on September 29, 2012, that the gift of this case reduced the assets of the filial resources, and that it constitutes an act detrimental to the Plaintiffs prior to taking over the foregoing transfer as a creditor. (2) A, a trustee in bankruptcy of filial resources, took over the instant lawsuit filed by the Plaintiffs prior to taking over the instant lawsuit as indicated in the attached Table (1) around September 25, 2013.

annexed Form . (C).

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