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(영문) 대전고등법원 2020.01.23 2018나13286

사해행위취소

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1. All appeals by the Plaintiff and the Plaintiff’s Intervenor are dismissed.

2. Of the appeal costs, the Plaintiff’s Intervenor.

Reasons

1. Basic facts

A. The relationship between the parties is one of the parties who operated a large number of cable music broadcasting companies, relay cable broadcasting companies, and cable broadcasting companies in their own or their employees throughout the country including Daejeon, Busan, and Gwangju from around 1970. G has been working for cable broadcasting companies operated by the Plaintiff from around 1986.

J is the wife of G, and K, L, and AC are the children of G, and M is the husband of L and the husband of G, and AD is the husband of AC and the husband of G.

3) On October 22, 2010, the Intervenor joining the Defendant, which was established on October 22, 2010 and mainly engaged in general restaurant business and wedding business, etc., was holding 220,000 shares (84.6%) and 40,000 shares (15.4%) as of December 31, 2012.K was holding as the representative director of the Intervenor until May 26, 2015, and resigned on May 26, 2015, Defendant C was established on May 28, 2015 and was mainly engaged in wedding business and general restaurant business (40,000 shares issued as of May 28, 2015).

K was the only in-house director of Defendant C at the time of establishment of Defendant C on May 28, 2015.

5) Defendant D was established on March 21, 2001 and engaged in the business of selling learning sites, etc. LA as a director and M as a representative director. B. The Plaintiff and G reached an agreement on October 18, 2002 as follows.

(hereinafter “instant agreement”). The main contents of the instant agreement are as follows.

Article 1 (1) of the partnership, the plaintiff will transfer the shares 145,00 shares of the I in the partnership and H-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

② The Plaintiff and G shall enter into this contract on the following day.