사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) The Plaintiff, on August 7, 2009, is a contractual relationship between the Plaintiff and B with D and its related parties, an investment company, B, and C for conversion of redemption (hereinafter “instant share acquisition contract”).
40,910 shares issued by D Co., Ltd. (hereinafter “instant shares”)
A) A total of KRW 1,500,046,970 (=40,910x 36,667 (1 share price)) was acquired. Moreover, on the same day, the Plaintiff entered into an agreement with shareholders and specially related persons B and C (hereinafter “instant agreement”).
(2) On March 26, 2014, the Plaintiff concluded a share acquisition agreement of the instant case and the agreement related to the instant specially related parties, as shown in the separate sheet. (2) On March 26, 2014, the Plaintiff sent to D, B, and C a proof of the following purport: “The fact that D, a stock company, did not undergo an audit on the financial statements of 2012, may constitute a violation of Article 30(1) of the share acquisition agreement of the instant case; and in this case, it may affect B, and C, a specially related party pursuant to Articles 6 and 7 of the agreement of the instant specially related parties.”
3) On April 9, 2014, the Plaintiff filed a lawsuit with the purport that “A Co.D violated Articles 27, 28, and 30 of the instant stock acquisition agreement by failing to perform an accounting audit, lending to shareholders, and establishing a competitive company.” Pursuant to Articles 6 and 7 of the Agreement on Special Persons with Interest, B filed a lawsuit with the effect that “B related parties to the instant case shall prove that the sum of the investment principal (1,50,046,970), interest amount (647,207,305), and penalty (30,009,39,394), 2,447,263,669 won (39, May 9, 2014) is the Defendant on June 13, 2014, the Plaintiff filed a lawsuit with the Seoul Central District Court (2014Da541469, Apr. 9, 2014).
B. A contractual relationship between B and the Defendant, etc. 1) The Defendant, on March 31, 2014, stated in the separate sheet (hereinafter “instant real estate”).