beta
(영문) 부산지방법원 동부지원 2018.02.06 2016가단212816

사해행위취소

Text

1. The part on the Plaintiff’s claim for revocation of fraudulent act and restitution to original state among the lawsuits against Defendant B, C, E, F, G, and H and Defendant D.

Reasons

1. Basic facts

A. The Defendants’ relationship 1) J Co., Ltd. (hereinafter “J”)

(2) On December 31, 201, 201, i was the representative director, N is the vice president, L is the general director, K and M is the head of the business group, and Defendant E works as the head of the business office, respectively. < Amended by Act No. 11037, Dec. 31, 2011>

Defendant B’s son’s children, Defendant C’s son’s son’s son, Defendant D’s son’s son’s son’s son, Defendant F’s son’s son’s son’s son’s son, Defendant G’s her son’s son

B. The Plaintiff’s investment 1) holding a business explanation meeting as the representative director of the J, and the J purchased shares in the payment of national taxes (the shares paid to the State in lieu of cash by the company) through auction, and offered investors to realize high profits by listing or selling the shares purchased by raising the value of the company. On March 2011, the Plaintiff also participated in the business explanation meeting and was recommended by the I to the effect that “if an investment in the payment of stocks is made in kind, the principal is guaranteed, as well as the monthly dividends” from March 23, 2011 to September 1, 2011, the Plaintiff was paid KRW 175,000,000 in total to the account of the J from May 4, 2011 to August 31, 2011.

3 When the payment of dividends was suspended after the Plaintiff, the Plaintiff set forth to I, and I purchased shares of the Jinin Savings Bank Co., Ltd. with the Plaintiff’s investment deposit, and the same year on August 1, 201 and the same year.

8. 31. The Plaintiff issued a sales contract and a certificate of stock storage on the shares of the Jininin Savings Bank Co., Ltd. to the Plaintiff. However, in fact, the Plaintiff paid only some down payment on the shares of the Jin Savings Bank Co., Ltd. with the Plaintiff’s investment deposit, but the sales contract was not properly implemented.