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(영문) 서울고등법원 2017.02.23 2016나10348

사해행위취소

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1.The judgment of the first instance shall be modified as follows:

The defendant and C are listed in paragraph (1) of the attached Table.

Reasons

1. Basic facts

A. C is a multi-level company that sells health, cosmetics, etc. established on July 17, 2013. The Plaintiff was appointed as a joint representative director of C on September 2, 2013, and resigned on February 19, 2014. D was appointed as a joint representative director of C on February 19, 2014.

B. On February 10, 2014, C agreed to return the investment amount of KRW 600 million to the Plaintiff by November 10, 2014.

C. On April 1, 2015, C transferred to the Defendant on April 1, 2015, a claim for the return of the remainder except national taxes, local taxes, public charges, etc. (hereinafter “transfer of claims in this case”) among the investments deposited by C in the Special Sales Promotion Association by the head of the Korea Special Sales Promotion Association, and the same month

6. A notice of assignment was given to the Korea Special Sales Association.

On May 7, 2015, the Korea Special Aid Association deposited KRW 138,243,388, 208, excluding the amount of mutual aid, unpaid mutual aid fees, national taxes, and deposit expenses from Daejeon District Court Decision 2015Da2180 (C's investment 460,000,000).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 8, 13 (including provisional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the fraudulent act is constituted;

A. 1) According to the above basic facts, the existence of the preserved claim 1) The Plaintiff’s claim for the agreed amount equivalent to KRW 600 million against C (hereinafter “instant agreed amount claim”).

(2) The Defendant asserts that since the agreement on the return of the investment amount constitutes a false or false declaration of agreement and thus becomes invalid, the claim for the agreed amount of the instant contract cannot be the preserved claim.

According to the overall purport of Gap evidence Nos. 1 through 4, the plaintiff was a joint representative director of C from September 2, 2013 to February 19, 2014; < Amended by Presidential Decree No. 25093, Feb. 10, 2014> < Amended by Presidential Decree No. 25074, Sep. 2, 2013>