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(영문) 대전고등법원(청주) 2014.04.01 2013나1717

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Plaintiff’s claim 1) On April 8, 2010, the Plaintiff transferred 125 equity shares in the private equity fund Es. B to C in KRW 1 billion. 2) After that, in the case of the Plaintiff’s claim for payment of the said transfer proceeds against C, Seoul Central District Court 2010 tea95142, which the Plaintiff sought against C, “C shall pay to the Plaintiff 5 percent per annum from April 24, 2010 to the delivery date of the original copy of the payment order, and 20 percent per annum from the next day to the date of full payment.” The payment order was issued on January 6, 2011, and the same year.

2.1. Finality has been made.

B. 1) C Co., Ltd. (hereinafter “D”) shall conclude the instant sales contract.

(1) As the representative director of the D Company, the D Company owns 4,500 shares issued by the D Company (45%) and D Company owns two parcels of land and its ground buildings (hereinafter referred to as “each of the instant real estate”) outside Gangnam-gu Seoul and its ground;

2) Meanwhile, on August 28, 2009, the S&A Co., Ltd. (hereinafter “S&A”) obtained a loan of KRW 113 billion in total (the first loan amount was KRW 85 billion but the total amount was KRW 113 billion) from Hyundai Swiss Savings Bank, Solomon Savings Bank, and new Mutual Savings Bank, etc. (hereinafter “ Savings Bank”) with the joint and several sureties and D companies’ joint and several sureties, etc. (hereinafter “S&A”) (hereinafter “the instant loan”), and D companies concluded a security trust contract for each of the instant real estate with the Savings Bank as the first beneficiary on August 28, 2009 as the collateral for the instant loan.

3) After that, E&W delayed the repayment of the instant loan, and the trust for real estate was issued a public auction notice to the effect that on February 23, 2011, the procedures for the public auction of each of the instant real estate are to progress at the request of the Savings Bank. 4) C.