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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 215,907,291 as well as the interest rate from August 8, 2017 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff, who manufactures, sells, etc. printing machinery, sold, and leased equipment to Defendant A Co., Ltd. (hereinafter “Defendant A”), but the amount of goods and rents that did not receive from Defendant A (hereinafter “goods prices, etc.”) is KRW 215,907,291 in total.
There is no dispute between the parties with respect to the amount of the above unpaid goods.
B. As to each real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) on April 6, 2017 and each real estate listed in the separate sheet (hereinafter “instant real estate”), Defendant A indicated that the amount of KRW 5,797,00,000 is the aggregate amount of KRW 5.6 billion in the instant real estate purchase price and KRW 197,00,000 in value-added tax on the instant real estate.
The sales contract was concluded (hereinafter “instant sales contract”) and the registration of ownership transfer was completed to Defendant B on the same day.
C. The instant real estate had the establishment registration of a neighboring mortgage amounting to KRW 8,600,000,000 for the initial mortgagee, the Korea Development Bank, the maximum debt amount of KRW 8,600,000. However, on April 6, 2017, the “registration of cancellation of the right to collateral security” and the “registration of establishment of a neighboring mortgage amount of KRW 5,48,000 for a new bank (hereinafter “new bank”), the maximum debt amount of KRW 5,48,00
The registration of cancellation of the right to collateral security, the registration of ownership transfer of Defendant B, and the registration of establishment of the right to collateral security was completed in order. D.
At the time of the instant sales contract, Defendant A had no property other than the instant real estate, which is a factory building and site, and the machinery installed in a factory, while Defendant A had much more debts than the value of the instant real estate and machinery (the said machinery was sold after the instant sales contract, but the machinery was destroyed by a large value and failed to fully repay its debts due to the sales price).
[Ground of recognition] Unsatisfy, A(1) through (3)