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(영문) 서울고등법원 2016.05.12 2015나2042917

사해행위취소

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1. All appeals by the Defendants are dismissed.

2. At the request added by the trial court, Defendant G, H, I, J, K, L,O, Q.

Reasons

. 20,000 (500 won per share) out of the shares issued by 20,000 (500 won per share) shall be transferred to A to the Plaintiff as their face value.

2. At the same time as this Agreement, the Plaintiff paid KRW 20 million for each share acquisition price of KRW 10 million to AF, and the AF confirmed that the said amount has been fully received.

Article 3 (Loan)

1. The plaintiff A shall lend the amount of KRW 2.28 billion to AF.

2. The interest on the loan to the Plaintiff AF shall be returned at interest without interest.

3. AF shall return the above loans until the completion of the instant project.

Article 4 (Guarantee of Profit Amount from Share Transfer)

1. AF shall ensure that the amount of profit distribution to be paid to Plaintiff A is not less than 3.5 billion won upon the completion of the primary business and not less than 2.5 billion won upon the completion of the secondary business.

3. The plaintiff A may apply for the designation of and subscription for the commercial building of this case as security for the above profit security of the plaintiff A. In such cases, the actual selling price shall be the amount paid on the basis of the equivalent amount of the above security.

**Each note related to paragraph 3: If there is no change in the sale price, the plaintiff A shall deduct and settle the balance from the revenue amount guaranteed by the plaintiff A on the premise that the plaintiff fulfilled the obligations under paragraph 4 of Article 4.

Provided, That where the time for payment of part payments is determined after the settlement of accounts pursuant to Article 1 (1) (7) due to the delay of business, it shall be deducted from the revenue amount guaranteed by the plaintiff A for such part payments.

4. Where a plaintiff A designates a commercial building pursuant to paragraph (3), he/she shall pay the down payment, and pay the intermediate payment or receive a loan from a financial institution.

7. If the plaintiff A receives the full amount of profit from the acquisition of shares, he/she shall waive the claim for return of the loan under Article 3 (3) above;

8. Where a plaintiff A receives the full amount of profit pursuant to paragraph 7 above, the loan amount of KRW 2.28 billion out of the above amount of profit shall be refunded.