East Asia Pharmaceutical Co., Ltd. (Law Firm Youngjin, Attorney Kim Young-ju, Counsel for the plaintiff-appellant)

Kim Jong-il, Inc. and 4

September 21, 2005

1. Each assignment contract entered into between Defendant Youngdong Pharmaceutical Co., Ltd., Defendant Youngdong Pharmaceutical Co., Ltd., Defendant Dakdong Co., Ltd., Defendant SPP Co., Ltd., Defendant Samdong Pharmaceutical Co., Ltd. and Nonparty Co., Ltd. (name omitted) shall be revoked in accordance with attached Table 1 No. 2, 3, 4 and 5.

2. Defendant Youngdong Pharmaceutical Co., Ltd., Defendant Youngdong Pharmaceutical Co., Ltd., Defendant Dakdong Co., Ltd., Defendant SPP Co., Ltd., and Defendant Samdong Pharmaceutical Co., Ltd. shall transfer each claim listed in the separate sheet No. 2 to Nonparty Co., Ltd. (name omitted) and notify Nonparty Republic of Korea (a public official in charge of deposit in Seoul Northern District Court) of the purport of the assignment of claim.

3. The plaintiff's claim against the defendant Lee Jong-il corporation is dismissed.

4. Of the costs of lawsuit, the part arising between the Plaintiff and Defendant Youngdong Pharmaceutical Co., Ltd., Defendant Youngdong Medicine Co., Ltd., Defendant KPP Co., Ltd., Defendant CP Co., Ltd., and Defendant CP Co., Ltd. shall be borne by the said Defendants, and the part arising between the Plaintiff and Defendant C

The order of paragraphs (1) and (2) of this Article and the contract for the assignment of claims as shown in Table 1 of the annexed Table 1 concluded between the closing party of the Seoul Northern District Court and the non-party corporation (name omitted), and the defendant closing party of the defendant corporation shall revoke the contract, and shall notify the non-party corporation (name omitted) to the non-party corporation (name of the company and name of the representative director omitted) of the purport of the above assignment of claims as KRW 150,000,00 among the right to claim the payment of deposit of KRW 248,249,522 deposited by the Seoul Northern District Court of Seoul Northern District on July 9, 2004 under the name of the depository (name omitted). The defendant closing party shall notify the non-party corporation of the purport of the above assignment of claims.

1. Basic facts

The following facts are established among the plaintiff, defendant Jongdong Co., Ltd. and defendant Youngdong Co., Ltd., and Gap evidence Nos. 1 through 4, and Gap evidence Nos. 6 through Nos. 8 (including family numbers), and the testimony of the non-party witness as a whole. The above defendants are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act among the plaintiff, defendant Youngdong Co., Ltd. and defendant Youngdong Co., Ltd., and defendant Youngdong Co., Ltd., pursuant to Article 150 of the Civil Procedure Act.

(a) The Plaintiff’s claim against the non-party corporation (the name of the company omitted) (the name of the company omitted);

The Plaintiff has 114,751,206 won (the name of a company omitted) and 744,150,000 won (the face value 211,00,000 won issued on November 5, 2003, the face value 65,80,000 won and the face value 221,10,000 won issued on January 27, 2004, and the face value 131,150,000 won issued on January 30, 200, and the face value 131,150,000 won issued on February 27, 2004, and the face value 15,000 won issued on February 15, 2004, and the face value 10,000 won) issued on February 27, 2004.

B. Conclusion of an assignment contract with the Defendants of a stock company (name omitted)

(1) The Co., Ltd. (the name of the company omitted) supplied the drugs to the non-party Seo-gu University Hospital (the Simsan Hospital) and held KRW 248,249,522 against the above Seoul National University Hospital. On April 16, 2004, the contract was entered into between the defendant Cho Young-dong Co., Ltd. (the closing party) and the defendant Young-dong Co., Ltd. (the Youngdong Medicine Co., Ltd.) on April 30, 2004 to transfer each claim of KRW 150,00,000 out of KRW 248,249,52, and the above assignment of claims to the above Seoul National University Hospital was notified to the above Seoul National University Hospital on the same day.

(2) On April 30, 2004, Co., Ltd. (the name of the company omitted) was also the first bill book, and the last copy was processed on May 4, 2004. The defendant Korea-Dandong Co., Ltd., the defendant Dandong Co., Ltd., the defendant Dandong Co., Ltd., the defendant Dandong Co., Ltd., the defendant Dandong Co., Ltd. (hereinafter the defendant Dandong Co., Ltd., the defendant Dandong Co., Ltd., the defendant Dandong Co., Ltd., the defendant Dondong Co., Ltd., and the defendant C

(3) Accordingly, the Co., Ltd. (name omitted) knew of the fact that there are many creditors other than Defendant Dandong Co., Ltd., Defendant KP, Defendant CP and Defendant CP, and that the purchase price claims against the above Seoul National University Hospital are not sufficient to repay the creditors’ claims, including the above Defendants, upon the said Defendants’ request, concluded a contract to transfer each of the above claims to Seoul National University Hospital on May 3, 2004, which was before the date when the final decision was made by the said Defendants, and on May 4, 2004, on May 24, 2004 (Defendant DP, Defendant CP, and Defendant CP), 50,000,000,000,84,0000,70,70,0000,000,000,0000, and notified each of the above claims assignment to Seoul National University Hospital on the same day.

(4) On July 9, 2004, the Seoul National University Hospital delivered a large number of notice of assignment of claims for the above purchase price claim as above, and it reached the provisional attachment decision of Nonparty Chynam and Kim Jong-ju, and thus, the deposited person was deposited in accordance with Article 487 of the Civil Act on the ground that the deposited person’s credit cannot be known to the creditors of the above purchase price claim, and the provisional attachment decision of Defendant Chynam District Court in Seoul Northern District Court in 2004 was made pursuant to Article 248(1) of the Civil Execution Act on the ground that the deposited person’s credit is the debtor (name omitted), Defendant Chynam Co., Ltd., the assignee of the credit, Defendant Chynam medicine, Defendant Chynam medicine, Defendant Chynam medicine, Defendant Chon, and the above Kim-ju Co., Ltd., Ltd., the plaintiff, the non-party Chydong Co., Ltd., the provisional attachment obligee, and at the same time, multiple provisional attachment competes compete.

(c) Status of assets of a stock company (name omitted);

From April 204 to May 2004, a company (name omitted) was active property of the non-party Corporation (company name omitted) from April 2004, to May 2004, 400, the total purchase price of KRW 493,74,502 against the above Seoul National University Hospital ( KRW 118,138,345, the Korea Federation of Dolung-Jak University Foundation Foundation, 127,356,635, the National Health Insurance Corporation, Seoul National University University 248,249,52), the total of KRW 15,000,000, KRW 508,74,500, KRW 5000, KRW 4000, KRW 5000, KRW 5000, KRW 5005, KRW 4000, KRW 5005, KRW 8005, KRW 5000, KRW 4005, KRW 5005, and KRW

2. Determination as to the claim against Defendant Jong-gu and Defendant Young-dong medicine

A. The parties' assertion

(1) The plaintiff's assertion

The plaintiff asserts that the conclusion of a contract of assignment of claims in attached Tables 1 and 2 between the defendant's closing party and defendant's Youngdong medicine (name omitted) that had already been in excess of the debt constitutes a fraudulent act detrimental to the plaintiff, which constitutes a creditor, and thus, it should be revoked.

(2) The assertion of Defendant Jong-gu and Defendant Young-dong medicine

As to this, Defendant Jong-dong and Defendant Youngdong, who entered into an agreement on the assignment of claims as indicated in [Attachment 1] 1 List 1 and 2 with the (company name omitted), did not constitute a fraudulent act because they received the payment of goods against the (company name omitted) and did not constitute a fraudulent act, and Defendant Jong-dong and Defendant Youngdong did not have any awareness of the insolvency of the (company name omitted) corporation at the time of entering into the said agreement on the assignment of claims.

In addition, the defendant Youngdong medicine concluded the above assignment contract with the corporation (name omitted) does not constitute a fraudulent act because it is inevitable for the corporation (name omitted) to acquire goods and to continue the business.

B. Determination

(1) Consumed legal principles

A creditor’s right to demand repayment of an obligation does not interfere with another creditor’s exercise of right. A debtor cannot refuse to perform his/her obligation on the ground that there is another creditor as it bears the obligation to perform his/her obligation according to the nature of the obligation. As such, even in cases where the debtor’s repayment according to the nature of the obligation exceeds his/her obligation results in a decrease in the joint security of other creditors, such repayment does not constitute a fraudulent act in principle. In particular, in cases where the debtor performs performance with the intent of undermining other creditors in collusion with some of his/her creditors, it constitutes a fraudulent act. The same applies to cases where other monetary claims are transferred in lieu of the repayment of the existing monetary obligation. In particular, the issue of whether the debtor performs repayment or assignment of claims with the intent of undermining other creditors should be proved by the person who asserts a fraudulent act. This is determined by comprehensively taking into account whether the debtor actually has a claim against the debtor, the amount of repayment or assignment of claims received from the debtor, the amount actually collected by the debtor and the amount actually collected, the debtor and beneficiary’s ability to repay and circumstances at 20 or 20.

(2) Determination as to the claim against the defendant's closing party

원고는 피고 종근당과 주식회사 (회사명 생략) 사이의 채권양도계약은 피고 종근당의 채권을 변제한 것이 아니라 피고 종근당의 채권을 담보하기 위하여 이루어진 것이고, 가사 그렇지 않다고 하더라도 피고 종근당과 주식회사 (회사명 생략) 사이에 통모하여 다른 채권자를 해할 의사를 가지고 이루어진 것으로 사해행위에 해당한다고 주장하므로 보건대, 채무자가 채권자에게 채무변제와 관련하여 다른 채권을 양도하는 것은 채무변제를 위한 담보로 양도되는 것으로 추정되고, 갑 제4호증, 갑 제6호증, 갑 제8호증(가지번호 포함)의 각 기재, 증인 소외인의 증언에 의하면 피고 종근당은 주식회사 (회사명 생략)이 최종부도 처리되기 18일 전에 별지 제 1 목록 1 기재 채권을 양도받은 사실, 피고 종근당은 주식회사 (회사명 생략)에 대하여 300,000,000원의 채권이 있었는데, 주식회사 (회사명 생략)으로부터 320,000,000원의 채권(서울대학병원에 대한 채권 150,000,000원 + 재단법인 제칠일안식일 예수재림교 한국연합회유지재단에 대한 채권 170,000,000원)을 양도받은 사실이 인정되나, 한편 앞서 든 증거들과 변론 전체의 취지에 의하면 ① 주식회사 (회사명 생략)은 피고 종근당과 같은 제약업자들로부터 변제기를 한달 이내로 정하여 물품을 공급받고, 변제기 내인 1개월 내에 변제하여 온 사실, ② 피고 종근당은 다른 채권자들이 주식회사 (회사명 생략)이 최종부도 처리된 1일전 또는 당일에 채권양도를 받은 것과 달리 주식회사 (회사명 생략)이 1차부도가 난 2004. 4. 30. 이전에 채권양도를 받은 사실, ③ 그 양도경위도 피고 종근당이 주식회사 (회사명 생략)에게 2004. 2.경부터 약품공급에 따른 물품대금채권에 대하여 계속하여 물적담보를 요구하였는데, 주식회사 (회사명 생략)이 물적담보 제공을 미루자 피고 종근당이 주식회사 (회사명 생략)으로부터 백지채권양도양수계약서를 받아두었고, 2004. 4.경 피고 종근당의 계속된 요구에도 주식회사 (회사명 생략)이 물적담보 제공을 하지 않자 약품공급을 중단하고 그때까지의 물품대금채권에 대하여 위 백지채권양도양수계약서를 보충하여 채권을 양도받은 사실, ④ 피고 종근당은 이와 같은 과정에서 주식회사 (회사명 생략)의 서울대학병원과 재단법인 제칠일안식일 예수재림교 한국연합회유지재단에 대한 채권액이 얼마나 되는지 다른 채권자에게 먼저 채권양도 되었는지 여부를 알 수 없어 자신의 채권액 300,000,000원 보다 많은 320,000,000원에 대하여 백지채권양도양수계약서를 보충하여 채권양도 받은 사실, ⑤ 피고 종근당은 이후 주식회사 (회사명 생략)에게 주식회사 (회사명 생략)의 서울대학병원과 재단법인 제칠일안식일 예수재림교 한국연합회유지재단에 대한 채권액이 얼마나 되는지 다른 채권자에게 먼저 채권양도 되었는지 여부를 알려주면 초과하여 채권양도가 된 부분에 대하여 해지하여 주겠다고 한 사실, ⑥ 위 서울대학교병원은 2004. 7. 9. 위 매매대금채권의 양수인이 다수임을 원인으로 서울북부지방법원 2004년 금제 (번호 생략)호로 위 매매대금채권 상당의 금원을 공탁하였는데, 피고 종근당이 위 채권양도금원을 회수하기 위하여 2004. 7. 20. 주식회사 (회사명 생략), 원고, 나머지 피고들 및 가압류권자를 상대로 하여 공탁금 출급청구권 확인의 소를 제기하여 현실적으로 채권의 만족을 얻으려고 하였던 사실, ⑦ 피고 종근당이 위와 같이 채권양도를 받았지만 선순위의 채권양도와 가압류 등으로 실제 회수율이 어느 정도 될 지 불확실 한 점이 인정되는바, 이에 비추어 보면 주식회사 (회사명 생략)과 피고 종근당 사이의 위 채권양도계약은 주식회사 (회사명 생략)이 피고 종근당에 대한 채무를 변제한 것이라 할 것이고, 주식회사 (회사명 생략)과 피고 종근당 사이의 채권 양도 시점이 주식회사 (회사명 생략)이 최종부도처리되기 18일 전이고, 피고 종근당이 주식회사 (회사명 생략)으로부터 양수받은 채권액이 피고 종근당의 주식회사 (회사명 생략)에 대한 채권액을 일부 초과하는 점만을 들어 이 사건 채권양도가 채무자인 주식회사 (회사명 생략)과 피고 종근당 사이에 통모하여 다른 채권자를 해할 의사를 가지고 한 사해행위라고 보기 어렵고, 달리 이를 인정할 증거가 없다.

Therefore, the plaintiff's claim on the premise that the assignment of claims between the corporation (name omitted) and the defendant's closing party constitutes a fraudulent act is without merit without any need to examine the remaining points.

(3) Determination as to the claim for Defendant Youngdong medicine

(A) Determination on whether a fraudulent act constitutes a fraudulent act

In light of the above evidence and the overall purport of oral argument, Defendant Youngdong medicine, a corporation (name omitted), received the claim against the above Seoul National University Hospital at least four days prior to the date of the first bankruptcy, and the final settlement thereof. As above, Defendant Youngdong medicine, upon the request of Defendant Youngdong medicine Co., Ltd. (name omitted) to reduce its damage, and the above assignment of claim took place. The Nonparty (name omitted) who is the representative director of the company (name omitted) appeared in this court and testified at this court, and the Nonparty, a corporation (name omitted), who is the representative director of the company, has more profits than drug wholesalers, and was unable to pay more than KRW 100 million, but the drug wholesaler was able to pay more than KRW 100,000,00,000, and thus, he testified that the above assignment of claim was made to Defendant Youngdong Co., Ltd., Ltd. to the maximum extent possible. (name omitted). In light of the fact that (name omitted), Defendant Dongdong Co., Ltd., Ltd. and (name omitted was also deemed to have been in collusion with the above company’s.

(B) Determination on the assertion of Defendant Youngdong medicine

In light of the fact that the above assignment contract for the defendant Youngdong medicine was made in collusion with the defendant Youngdong medicine in order to reduce damage to the defendant Youngdong medicine with the knowledge that the (name omitted) transfer contract for the above assignment of credit was an inevitable act of offering the goods from the defendant Youngdong medicine in order to continue the business, so it does not constitute a fraudulent act, and there is no evidence to acknowledge that the above assignment of credit was bona fide at the time of the conclusion of the above assignment of credit contract, but there is no evidence to acknowledge it. Rather, according to the above recognition, the assignment contract between the (name omitted of the company) corporation and the defendant Youngdong medicine was made at the time of the first default, and the above assignment of credit was made at the time of the final settlement, and it cannot be deemed that the above assignment of credit was an inevitable act of offering credit or that the defendant Youngdong medicine was bona fide at the time of the conclusion of the above assignment of credit contract.

(C) The method of cancellation and restitution;

Therefore, the assignment of claims between a stock company (name omitted) and Defendant Youngdong medicine constitutes a fraudulent act and thus should be revoked. Furthermore, in the case where the beneficiary has already received the payment of the assignee's claim before a fraudulent act is revoked by a creditor, the creditor may claim by means of restitution for the equivalent amount of his claim out of the amount he has received from the beneficiary or the subsequent purchaser by means of restitution. However, as in this case, in the case where multiple assignment of claims and provisional seizure competes with those of the third debtor and those of the assignees of the provisional seizure are deposited as the beneficiary, and the third debtor's debt will be extinguished, although the third debtor's debt will not be actually collected the claim, but it is merely that the third debtor's creditor's right to claim the payment of the deposit, i.e. the right to claim the payment of the deposit, the right to claim the payment of the deposit, and the effect of seizure remains with respect to the right to claim the payment of the deposit.

According to the above facts, the above Seoul National University Hospital is recognized as having deposited the deposited amount of KRW 248,249,522 in the form of a claim for payment of deposit money in the form of a claim for payment of deposit money, since the above deposited amount of KRW 248,249,52 is not actually paid out, the above deposited amount of KRW 248,249,52 shall be deemed to have been transferred to the debtor corporation (name of company omitted), the defendant Jong-dong, the assignee of the claim for payment of deposit money, the defendant Il-dong medicine, the defendant Sam-dong medicine, the defendant Sam-dong medicine, the defendant Sam-dong medicine, the plaintiff, the non-party Il-dong medicine, the plaintiff, and the provisional seizure creditor, and the above Kim-ju, the above deposited amount of KRW 248,249,522 shall be deemed to have been in the form of a claim for payment of deposit money in the form of a claim for payment of deposit money in the original state to the debtor (a public official of Seoul Northern District Court).

3. Determination as to Defendant Dakdong Products, Defendant Dak Pampers, and Defendant Chocks

A. Determination on whether a fraudulent act constitutes a fraudulent act

However, according to the above facts, the company (name omitted) was in a state of insolvency in excess of active property at the time of entering into each of the above claims assignment contracts with Defendant Dakdong Medicine, Defendant KP PP, and Defendant Chyp. The above claims assignment contracts between the company (name omitted) and the above Defendants can be acknowledged as having been made in order to preferentially recover the above Defendants' claims at the above Defendants' request despite being aware that the small assets of the company (name omitted of the company) exceed active property and the above Defendants are not sufficient for creditors to repay their claims. In light of this, each of the above claims assignment contracts between the company (name omitted of the company) and the above Defendants had the intent to harm other creditors in collusion with the above Defendants. Accordingly, each of the above claims assignment contracts constitutes a fraudulent act detrimental to the Plaintiff, which is the obligee, and each of the above Defendants' intent is recognized. Thus, the above claims assignment contracts between the company (name omitted of the company and the above Defendants' intent is revoked.

B. Determination on the method of reinstatement

As seen above, as in the restoration method for the defendant Youngdong medicine, the defendant DaDakdong medicine, the defendant Dak Pak Pamp, the defendant chip, and the defendant chip are obligated to transfer the right to claim a deposit payment against the Republic of Korea, respectively, to the (company name omitted), and to notify that the right to claim a deposit payment has been transferred to the Republic of Korea (the public official in charge of the Seoul Northern District Court) who is the debtor of the above right to claim a deposit payment.

4. Conclusion

Therefore, the plaintiff's claim against the defendant Youngdong medicine, defendant Youngdong medicine, defendant Dakdong medicine, defendant KPP, and defendant Samkdong medicine is accepted in all of the grounds, and the plaintiff's claim against the defendant Samkdong medicine is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment List omitted]

Judges Cho Young-jin (Presiding Judge) Kim Young-hun