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(영문) 수원지방법원 2020.09.10 2019가단518403

사해행위취소

Text

The sales contract was concluded on March 22, 2019 between the defendant and D with respect to the shares of 1/2 of the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. On January 24, 2018, E Co., Ltd. (hereinafter “E”) entered into a loan agreement with D with D with a loan amount of KRW 300 million and lent KRW 300 million to D.

B. On January 23, 2019, E transferred the remainder of the principal and interest of D to the Plaintiff (i.e., the principal amount of KRW 145,005,403 (i.e., KRW 145,4250,00 for delay damages of KRW 698,328 for delay damages) to the Plaintiff, and thereafter notified D of the assignment of the above claim.

C. On February 8, 2019, D drafted a notarial deed of a promissory note containing acceptance of compulsory execution on a promissory note as of February 28, 2019, with a face value of KRW 18.5 million, and due date, with respect to the Plaintiff.

In addition, on April 17, 2019, the Plaintiff entered into a contract with D to establish a pledge on 600,000 common shares of G Co., Ltd. (hereinafter “G”) (hereinafter “instant shares”) which is a listed company listed in F institutions (hereinafter “G”), with D to secure the repayment of the foregoing principal and interest of loans. Accordingly, H Co., Ltd, a depository of the said shares, consented to the Plaintiff’s application for the consent of the said pledge.

E. Since the suspension of a share purchase and sale transaction after January 31, 2017, G is a situation in which there is no share price and trading volume for the calculation of the current issue price. During the process of issuing new shares for capital increase on January 8, 2020, G calculated the share value as KRW 86 per share based on the asset value assessment method based on the valuation method on December 31, 2019. Accordingly, the issue price of new shares was determined as KRW 100 per share.

F. On the other hand, on March 22, 2019, D entered into a sales contract with the Defendant for 1/2 shares (hereinafter “instant shares”) among the real estate listed in the separate sheet, which is the only property other than the instant shares, as indicated in the separate sheet (hereinafter “instant shares”). On the 27th day of the same month, D entered into a sales contract with the Defendant for KRW 325 million (hereinafter “instant sales contract”). The shares of this case as the receipt of Suwon District Court’s registry office as of the 42095.