사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The relationship between the parties (1) The non-party C is each representative director of the company D (hereinafter referred to as the "D company") and the company E (hereinafter referred to as the "E company") engaged in the manufacturing, sales, etc. of the prestigious d company that produces the prestigious safety board. The defendant is the wife of the non-party C, the company D company and the company E respectively.
(2) The Plaintiff served as an internal director of the D Company from July 28, 2010 to July 27, 2013.
B. Around September 8, 2011 and December 2011, the Plaintiff paid KRW 320,000,000 to Nonparty C, in total, in the name of the E company’s investment, etc.
(2) On April 25, 2014, the Plaintiff filed a lawsuit against E companies and Nonparty C seeking the return of the above investment amount equivalent to KRW 320,000,000,000, in total, the Gwangju District Court 2014Gahap3056, respectively, and the Plaintiff filed a lawsuit against D companies with Gwangju District Court 2014Gahap3049, the amount equivalent to KRW 500,000,000.
(3) Accordingly, around May 2014, Nonparty C, the representative director of E and D companies, agreed with the Plaintiff regarding the above litigation. On May 30, 2014, the notary public prepared a “notarial deed on money loan agreement” (hereinafter “notarial deed on money loan agreement”) with the purport that “Non-party C, the debtor E and joint and several sureties, shall repay KRW 320,000 to the Plaintiff by February 28, 2015,” which read that “The creditor E and Non-party C, the joint and several sureties, shall pay KRW 320,000,000 to the Plaintiff.”
(4) On June 2, 2014, the Plaintiff voluntarily withdrawn the Gwangju District Court 2014Gahap3056, and the Gwangju District Court 2014Gahap3049, respectively, on June 18, 2014.
C. On March 28, 2015, Nonparty C concluded a contract to sell Nonparty C’s sales amounting to KRW 573,000,000 (the contract amounting to KRW 30,000,000, the remainder of KRW 543,000,000) of G apartment No. 1901 (hereinafter “instant apartment”) owned by Nonparty C with Nonparty F (hereinafter “instant sales contract”).