사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and even if the evidence submitted by the court of first instance was presented to this court, it is recognized that the facts of the court of first instance and the judgment are justified.
Accordingly, the reasoning for this Court concerning this case is that it is identical to the reasoning for the judgment of the first instance except for adding the following matters, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil
2.In addition, the following shall be added to the fourth 12th decision of the court of first instance:
(A-1) On December 23, 2014, B increased capital of KRW 250 million (50 million x 50 million) by issuing 50 million shares with a face value of KRW 50 million on December 23, 2014; the Defendant transferred KRW 150 million to B on December 22, 2014, and then acquired KRW 150 million out of the above new shares of KRW 50 million (50 million x 30 million) with a face value of KRW 50 million among the above new shares of KRW 50,000 (50 million x 30,000 shares) with a face value of KRW 60,00 among the total issued shares of KRW B. The Defendant is deemed to have become a shareholder of KRW 50% out of the total issued shares of KRW 60,000,000 prepared by B and the Defendant to keep KRW 50,00 under the name of the Defendant after borrowing KRW 150,00.
“The foregoing loan certificate is explicitly stated, and it does not seem to have been prepared retroactively after September 16, 2015 when the date of the assignment of claims of this case was entered, such as the certificate of the personal seal impression as of October 31, 2014 of B and the certificate of the personal seal impression as of December 23, 2014 of in-house directors G were attached to the certificate of the personal seal impression as of October 31, 2014 of B, etc.
The defendant transferred the above KRW 150 million under the name of the loan to B, and it seems that he acquired 30,000 shares of the above shares under the name of the collateral for this.
In Part 5, the following shall be added to the 13th sentence of the first instance court:
(4) In addition, the Plaintiff’s claim for indemnity acquired after the assignment of the instant claim is in question.