사해행위취소등
1. As to the shares listed in the separate sheet No. 1, Defendant C shall be liable for the shares listed in the separate sheet No. 2, and Defendant D shall be liable for the shares.
1. Facts of recognition;
A. The Plaintiff is E’s leakage, and Defendant B’s spouse, Defendant C, and Defendant B are children between E and Defendant B.
B. E established FF Co., Ltd. on March 13, 2008, and the Plaintiff invested a total of KRW 300 million from March 2008 to October 31 of the same year as the establishment fund and operation fund.
C. On December 4, 2008, E prepared and delivered to the Plaintiff a promissory note No. 300 million won at par value, and the date of issuance on October 31, 2008, and a promissory note No. 300 million won at sight on the date of payment. The word “the settlement of net profits for the operation of the F Co., Ltd. shall be distributed at a rate of 5:5” is written in the letter of agreement.
On September 11, 2013, the Plaintiff terminated the investment agreement as Incheon District Court 2013Gahap15568, and filed a lawsuit seeking the return of the investment amount. On September 16, 2013, the Plaintiff served on E and F Co., Ltd., and the investment agreement was terminated around that time.
E. On October 14, 2016, the court of first instance rendered a judgment in favor of the Plaintiff to the effect that “Defendant E shall pay to the Plaintiff 50 million won, 5% per annum from February 21, 2014 to October 14, 2016, and 15% per annum from the next day to the date of full payment.” However, the appellate court (Seoul High Court 2016Na209919) partially modified the judgment in its judgment on February 11, 2020 and determined that “Defendant E shall pay to the Plaintiff 318,167,116 won, and 15% per annum from February 21, 2014 to February 11, 2014 to the date of full payment,” and that “The above judgment became final and conclusive by the court of first instance (Seoul High Court 2016Na20919).”
F. Meanwhile, on October 31, 2016, after the pronouncement of the relevant first instance judgment, E donated each of the shares 4,750 shares of F Co., Ltd. (the par value per share is KRW 10,000,000 per share and KRW 47,500,000 per share; hereinafter “instant shares”) to Defendant B each of 750 shares, Defendant C, and D, respectively.
hereinafter referred to as "each of the instant cases."