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(영문) 대전지방법원천안지원 2020.02.07 2018가합104019
사해행위취소
Text

1. The limit of KRW 161,971,771, which was concluded on May 2, 2018 between the Defendant and X, to the extent of KRW 161,971.

Reasons

1. Basic facts

A. A. On May 2, 2018, X Co., Ltd. (hereinafter “X”) concluded a comprehensive transfer agreement with the Defendant, which was Y’s children, on May 2, 2018, while leasing a store located in the Z in Busan City and operating the Z, with the following content:

(hereinafter “instant contract” refers to a transfer to the Defendant of all the business facilities and operations of the company X operated, and the Defendant will take over them. Article 3 of the terms and conditions for the payment of the price of the goods must be paid in cash immediately after a inventory inspection is conducted on May 13, 2018. Article 5 X’s bonds and obligations shall be liable to X, and shall not affect the Defendant. In addition to the general terms and conditions set forth in Article 8, the following special agreement shall be prescribed by a special agreement in addition to the general terms and conditions set forth above, and the special agreement shall be applied in preference to the special agreement. 1. The Defendant succeeds to the sub-lessee of X (50 million won, 20 million won, 50 million won, 50 million won, e.0 million won, e., f., e., f., f., e., f., f., e., f., f., e., f., f.

On May 4, 2018, the Defendant pre-paid X 10,000,00 won for inventory expenses, and assessed X’s assets as KRW 513,573,241 on May 20, 2018 after conducting inventory inspection. On May 20, 2018, the Defendant succeeded to KRW 15,00,00 for customer points 15,000,000 for management expenses, KRW 151,134,082 for electricity charges, KRW 8,843,00 for inventory inspection expenses, KRW 1,650,00 for AA, and KRW 174,00 for debt to 174,00,000 for AA, and succeeded to KRW 350,627,122 for business takeover.

Accordingly, the Defendant paid 62,946,119 won to the Plaintiff (i) - Mat business - Mat business, and operates Mat business in the name of “AB” by taking over Mat business.

C. Meanwhile, during each transaction period indicated in the “transaction Period” column, the Plaintiffs supplied food and beverage equivalent to the sum of KRW 172,436,258, as stated in the “ Claim Amount” column in the above attached Form X, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 19, 21, 23, 24 each.

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