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(영문) 서울남부지방법원 2016.12.02 2016가합101151

사해행위취소

Text

1. Each settlement agreement concluded on February 12, 2015 between the Defendants and limited liability companies I shall not exceed KRW 168,516,741, respectively.

Reasons

1. The facts below the basic facts are either in dispute between the parties or in accordance with Gap evidence No. 1-2, 2, 2, 12 through 19, 22, 27, 28, and 29, which are the whole purport of the pleadings.

A limited liability company I (hereinafter “debtor”) leased the buildings listed in the separate sheet (hereinafter “instant wedding”) recorded in the J name from around July 1, 2010 to around that time after completing business registration, and operated the wedding business.

B. On August 5, 2011, and October 6, 2011, a debtor company entered into a partnership agreement with Defendant E, etc. (hereinafter “instant partnership agreement”). Article 3 of the instant partnership agreement stipulates that the total of 21 partners’ equity shares (the Defendants are indicated as all partners) are KRW 12,186,45,984; among them, Defendant E is 1.2 billion, Defendant F is 1.43 billion, Defendant H is 1.20 million, Defendant H is 50 million, and Defendant H is 50,000,000 won, and Defendant E is 50,000 won, and Defendant H is 4 is 8.8623%, Defendant F10,69%, Defendant G is 60%, and Defendant H is 6384%, and 8.6%, Defendant H is 684%, respectively, with respect to the share distribution of profits.

C. On February 12, 2015, J decided to settle and terminate the instant partnership agreement by distributing KRW 5,356,219,785, including the Defendants, to 21 members specified in Articles 3 and 4 of the instant partnership agreement, based on their respective shares. On February 12, 2015, Defendants E and the Defendants were to pay KRW 53,690,40; Defendant F were to pay KRW 641,762,389; Defendant G was to pay KRW 41,957,120; and Defendant H was to settle and terminate the instant partnership agreement (hereinafter “each of the instant settlement agreements”); Defendant F and H were to pay KRW 24,608,100 from the debtor company; and Defendant G and H were to pay KRW 244,608,100 to the Defendants as the instant wedding business on the same day.