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(영문) 서울중앙지방법원 2015.01.30 2013가단5197672
구상금
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 61,143,954 and KRW 59,938,994 as to the Plaintiff.

Reasons

1. The plaintiff's ground of claim and the changed ground of claim are stated in the annexed sheet of claim

2. Determination

A. Judgment of service by public notice against Defendant A, B, and C, and Article 208(3)3 of the Civil Procedure Act

B. As to the claim for the cancellation of a patent transfer agreement against Defendant D, the entries in subparagraphs 1 through 9, including each number, and the fact-finding results with the head of Seocho-gu Office of this court cannot be acknowledged as the insolvency of Defendant D, and there is no other evidence to acknowledge it otherwise. On any other premise, the prior Plaintiff’s assertion cannot be accepted. 2) In full view of the overall purport of the arguments and arguments, as to the claim for the cancellation of a real estate sale and purchase contract and the claim for compensation for value, the following facts are acknowledged: (a) Defendant D agreed to pay KRW 5 million to Defendant C on February 27, 2013 to exclusively be supplied with the compressed-out goods manufactured by Defendant C; (b) Defendant D agreed to exclusively supply the compressed-out goods manufactured by Defendant C, which were the creditors of Defendant B or Defendant C, which were creditors of the F, Youngjin-gu corporation, Gojin Industrial Complex, and Industrial Bank of Korea prior to the acquisition of real estate listed in the separate sheet (hereinafter “instant real estate”).

In full view of these facts and the circumstances in which Defendant D acquired the real estate of this case and the patent rights listed in the separate sheet from Defendant A, it is confirmed that Defendant D acquired the real estate of this case and the above patent rights in order to take over the household effects of Defendant C’s business in the process of taking over the Defendant C’s household effects, and that Defendant A, B, and C actively endeavored to succeed to and repay the obligations of Defendant A, B, and C.

Considering these circumstances, Defendant D shall list the real estate and the attached list in good faith without the intent to harm the Plaintiff, a creditor of the said Defendants.

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