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(영문) 서울중앙지방법원 2018.10.11 2017가합586401

사해행위취소

Text

1. As to the shares stated in the separate sheet between the Defendant and D, a pledge contract concluded at the end of June 2017 and a pledge contract concluded at the end of June 2, 2017.

Reasons

1. The following facts are acknowledged according to the respective descriptions of Gap evidence Nos. 1 to 8, 12, 13, 14, and 16 and the purport of the whole pleadings.

A. On June 5, 2017, Plaintiff A entered into a monetary loan agreement and an investment contract with D, with each of the terms of lending KRW 35,000,000 on June 5, 2017, KRW 85,000,000 on June 14, 2017, and KRW 35,000,000 on the same day (total of KRW 160,000 on the same day) (hereinafter “instant monetary loan agreement”), and paid the said money to D.

Plaintiff

B entered into each investment contract (hereinafter “instant investment contract”) between D and D, with the content of investing KRW 49,800,000,000 on March 16, 2017, and KRW 60,000,000 on April 21, 2017, and paid the said money to D.

B. Since 2015, D, as an able investment specialist, made a pledge contract and a share transfer contract between D and the Defendant, it has raised funds in excess of KRW 20 billion by asserting that, if it invests in financial products made by itself, it would necessarily guarantee the interest and principal of about 10% per annum by investing in derivatives with the money.

However, D continued to look at investment losses but paid principal and interest to senior investors with subordinated investments as if they were profits from investment of derivatives, etc., and as a result, D paid the principal and interest to senior investors after the end of June 2017. However, D was in a situation where it did not have operating funds, but it became a financial account when it was investigated by the police.

D is currently pending in the appellate court, sentenced to 17 years of imprisonment on May 3, 2018 due to a violation of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes).

(Seoul High Court No. 2018No1436). Ther is not more than the shares listed in the separate sheet between the defendant who is an employee of D around June 2017 and the defendant who is in charge of the representative.