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(영문) 대구지방법원서부지원 2015.08.13 2014가합1813

사해행위취소등

Text

1. Defendant B’s KRW 150,000,000 as well as 5% per annum from July 1, 2013 to August 13, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is a person who was the representative director of D Co., Ltd. (hereinafter “D”), and Defendant B was the representative director after acquiring D from the Plaintiff.

B. On April 24, 2013, the Plaintiff entered into a corporate transfer and takeover contract with Defendant B (hereinafter “instant contract”) with the Plaintiff, and the content thereof are as follows.

1. Defendant B (Defendant B) established a new factory by paying the remainder of KRW 42,5 million on the site of 50,000,000,000 for the building site in Chungcheongnam-si, Chungcheongnam-si, the site of which is the site for the factory for the growth of the factory, by June 10, 2013, and relocates the machinery and equipment (10 tons of presses, presses, 14 units of presses, and adjoining persons) to a factory at the above location within four months from the date of the contract.

2. A shall purchase 430 square meters of a building of 3,300 square meters in the H parcel number in the Gyeonggi-si, and use it as a research institute and head office of a corporation.

The purchase price generated at this time shall be paid by A.

3. A and B (Plaintiff) change the representative director at the same time as the contract was entered into, and succeed to the debt guarantee (Tgugu Bank, Enterprise Bank, Seoul Guarantee Insurance) for financial right obligations to April 30, 2013, and thereafter, Gap will be responsible for management by raising funds related to D operation.

4. In order to operate D, capital increase of 200 million won shall be decided to be made, and capital increase shall be to be treated by Gap by inserting funds; and

5.B shall not be responsible for production, and shall open the assets and liabilities of a juridical person in operation as of this date transparently, and shall not be responsible for obligations other than those of paragraph 9 recognized by both parties.

6. A and B shall determine the future shares and shares of D to be KRW 70 per cent and KRW 30 per cent, respectively, and shall pay KRW 140 per cent (20 per cent) at the present shareholders to pay transfer expenses on May 30, 2013, and KRW 30 per cent (30 per cent) at the transfer to A out of the shares of B to be paid at KRW 15 million.