사해행위취소
1. Defendant B:
A. 1,249,930,000 won out of the amount of KRW 1,276,301,369 and the above amount to the National Foundation of the Plaintiff.
1. Basic facts
A. The plaintiffs' claims 1) The National Foundation Foundation of the plaintiff (hereinafter "the plaintiff Foundation")
(E) both Company E (hereinafter referred to as “E”);
on September 23, 2015, F Co., Ltd. (hereinafter referred to as “F”)
) The convertible bonds issued by the company (hereinafter “instant convertible bonds”).
(1) The contract was concluded between 1 billion won and 500 million won. At that time, Defendant B signed the contract with interested parties as one of the co-presidents of F. The main contents are as follows. The interested parties at that time: G, H, and Defendant B’s issuance and subscription of bonds: (a) the company has issued and subscribed non-registered convertible bonds (hereinafter “this case’s convertible bonds”) as follows pursuant to this contract; and (b) the investors have subscribed to this case’s convertible bonds under the terms and conditions as set out in this contract; (c) the maturity date of this case’s convertible bonds: (d) on September 23, 2016 (1) the complete subscription price was designated by the company on September 25, 2015 at a single deposit account at the bank’s branch. On this day, the date of this contract appears to have been concluded when the full subscription price was paid in the above separate deposit account; and (d) on this date, the company’s purchase or subscription of shares at any option or in any of the following cases may be claimed by the interested parties or investors:
(i) Loss of profits and termination of the contract under Article 21 where an application for commencement of dissolution, liquidation, bankruptcy, rehabilitation, or any equivalent procedure (such as workout) for a company is filed or commenced; (ii) loss of profits and termination of the contract to the company and interested parties where any of the causes set forth in subparagraphs of Article 20(1) occurs after the conclusion of the contract; and