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(영문) 수원지방법원 2015.01.09 2014가합6575

청구이의

Text

1. The Defendant’s payment order issued on July 29, 2013 against the Plaintiff at Suwon District Court 2013 tea 10298.

Reasons

1. Facts of recognition;

A. From February 20, 2009 to October 11, 201, C served as a representative director of D Co., Ltd. (hereinafter “D”) for the purpose of buying and selling claims and securities, etc., and the Plaintiff, as C’s wife, was employed as an auditor of the said temporary border D.

B. On May 9, 201, C, as the representative director of D, recommended the Defendant to make an investment that “When the Defendant pays D the purchase price of shares, D would purchase the shares paid in kind through an auction, and thereafter would pay the purchase price of shares and profits paid by the Defendant by listing or selling the shares purchased at the same time as the value of the relevant company,” and the Defendant wired D’s corporate account KRW 135,000,000 on July 8, 201. < Amended by Presidential Decree No. 23273, Jul. 15, 2011; Presidential Decree No. 23073, Jul. 40, 201; Presidential Decree No. 23100, Sep. 30, 2011; Presidential Decree No. 23190, Sep. 2, 2011; Presidential Decree No. 23500, Sep. 20, 2011>

C. However, C did not purchase the shares actually paid in kind with the above investment amount, and did not return the said investment amount to the Defendant or pay the profits therefrom.

Accordingly, the defendant filed a complaint against C with the charge of acquiring the above investment money.

On the other hand, on May 17, 201, C donated the Plaintiff, who is the wife, to the head of Suwon-gu, Suwon-gu, Suwon-si, E Apartment 1, 902 (hereinafter “instant apartment”), and completed the registration of transfer of ownership on May 18, 201, based on the said donation.

E. The Defendant filed a lawsuit for damages equivalent to the above investment amount (Seoul Southern District Court 2012Gahap100389) against C on the ground that C acquired the above investment amount, and was rendered a favorable judgment on February 22, 2012, and the said judgment became final and conclusive on September 26, 2012.

F. F, a creditor of C, filed a damages lawsuit against the Plaintiff, etc. (Seoul Southern District Court 2012Gahap100204, Seoul Southern District Court 201). On November 30, 2012, the said court held that the gift contract of this case between C and the Plaintiff constituted a fraudulent act against F, a creditor of C, on the ground that the gift contract of this case between C and the Plaintiff constituted a fraudulent act against F.