사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of litigation shall be borne by the Plaintiff, but the part arising from the participation.
On April 1, 2011, the Plaintiff: (a) filed a lawsuit against E-learning Co., Ltd. (hereinafter “E-learning”); (b) where E-learning guaranteed the Plaintiff’s obligation to borrow money; (c) subsequently, the Plaintiff was rendered a favorable judgment on May 25, 201 that “E-learning shall pay to the Plaintiff KRW 450,000,000 and the amount at each rate of KRW 20% per annum from May 16, 2011 to April 13, 201; and (d) the next day to the day of full payment to the day of full payment to the day of the Plaintiff; and (c) the said judgment became final and conclusive at that time.
EOS bargaining holds 141,00 shares of smart city (the total outstanding shares of smart city are 9,460,000 shares and the face value per share is 5,000 won) as a shareholder of smart city Co., Ltd. (hereinafter referred to as “ smart city”), and holds a claim for stock dividends of 509,715,000 won for smart city.
On July 24, 2009, E-learning borrowed 200,000,000 from Smart City as collateral for the above smart City stocks from Smart City on July 24, 2009, with a maturity of 200,000 due date of payment on July 23, 2010 and at 10% per annum.
On August 25, 2009, the head of Sung-nam District Tax Office attached shares and dividend claims for EOS bargaining based on the corporate tax in 2004 and additional claims for EOS bargaining by the disposition on default of 248,219,080 won in arrears. The notification of seizure reached Smart City around that time.
A. On April 7, 2010, E.S.P. written a notarial deed of debt acceptance and repayment contract with the Defendant that transfers KRW 300,000,000,000 out of the above stock dividends of E.S. to the Defendant for the repayment of the Defendant’s obligation for a loan of KRW 300,000,000 to the Defendant (hereinafter “transfer of obligation of this case”). On October 12, 2010, E.S. said transfer of obligation to Smart City.