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(영문) 부산지방법원 2016.05.26 2015가단233315

사해행위취소

Text

1. The transfer contract concluded on July 29, 2015 with respect to the shares in the attached list between the defendant and C shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. On March 11, 2015, the Plaintiff loaned KRW 100 million to C at 24% per annum and due date on June 10, 2015.

C agreed on March 11, 2015 to transfer 2,500 shares (hereinafter “instant shares”) of Escom Company (hereinafter “Escom”) to the Plaintiff if the said loans are not repaid.

B. The instant shares were the shares held in title by Defendant D, who was the Defendant’s own shares, and C acquired the instant shares on April 30, 2012.

C and D agreed on August 18, 2014 to pay KRW 700 million to C and to receive the instant shares from C by August 30, 2018.

C. On July 29, 2015, C transferred the instant shares to the Defendant.

(hereinafter “instant share transfer contract”). D.

C is in a state of exceeding obligations exceeding positive property.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including additional number), each fact inquiry result by this court, and the result of the submission order of financial transaction information, the purport of the entire pleadings

2. According to the facts of the above recognition, C, a debtor, transferred the instant shares to the Defendant under excess of the obligation, which constitutes a fraudulent act detrimental to the Plaintiff, which constitutes a general creditor, and even if C, which was able to receive KRW 700 million until August 30, 2018, was unable to repay the loan obligation to the Plaintiff on July 29, 2015, it shall be deemed that C had the intention of deception in light of the transfer of the instant shares to the Defendant. In light of the circumstance of the ownership and transfer of the instant shares, and the relationship between C and the Defendant and D, the Defendant’s bad faith is presumed to be the beneficiary.

Therefore, the instant share transfer contract between the Defendant and C should be revoked as a fraudulent act, and the Defendant is obligated to notify Escom Company that the instant share transfer contract was revoked.

3. Conclusion, the plaintiff.