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(영문) 부산지방법원 2015.02.10 2013가단10983

사해행위취소 등

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1. Defendant C is at the rate of KRW 100 million and its interest to the Plaintiff at the rate of 20% per annum from March 26, 2013 to the date of full payment.

Reasons

1. Plaintiff’s claim against Defendant C

A. The F Co., Ltd. (hereinafter “F”) is a company established by A Co., Ltd. (hereinafter “A”) and is a major shareholder; G is a person registered as F’s representative director; H is a person registered as a director on behalf of Defendant C, who is one’s own wife.

A transferred KRW 100 million (hereinafter “instant money”) to Defendant C on January 29, 2008.

On the other hand, the decision was made on December 24, 2009 with respect to A, and the plaintiff was appointed as a custodian.

[Ground for recognition] Unsatisfy

B. As to the Plaintiff’s claim against Defendant C, asserting that the instant money was a loan, Defendant C asserted that the said money was not a loan on the following grounds.

H and G become aware of the entire affairs I and J of A, and the site of factory was colored for A for the purpose of S.

After establishing the F, A purchased the land introduced by H, and requested G to assist G in the authorization and permission work, and to assist H in the work of factory construction.

In promoting this day, G and H listen to the words "Broman" at many places, and I heard G and H, which led I to the F representative director and directors.

However, as civil petitions have been filed in relation to the establishment of a factory even after the lapse of the project, and the words "the president of G and H" have not been developed, I transferred the instant money to H and G for the purpose of accounting management and received receipts for the transfer of the instant money and for the need for the sake of accounting.

② Furthermore, even if the instant money is a loan, the lending party asserts that it is not Defendant C but H.

On the other hand, at the time of purchasing a factory site and establishing a factory site, the plaintiff had already been engaged in the learning received from G and H, and thereafter H and G request the participation of shares.