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(영문) 수원지방법원성남지원 2017.08.25 2016가합205225

사해행위취소

Text

1. The transfer or acquisition of shares as stated in the separate sheet concluded on July 1, 2015 between Defendant C and E shall be revoked.

Reasons

1. Basic facts

A. On March 24, 2014, the Plaintiffs were to lend KRW 1,700,000,000 to E with interest rate of KRW 2.5% per month and due date of payment September 30, 2015.

On March 26, 2014, the Plaintiffs and E had a notary public take over the documents of the receipt of a limited liability law firm (LLC) in accordance with Article 75 of the Notary Public Act of Han River and Article 7(1) and (2) of the Rules on the Preservation of Notarial Documents.

No. 138 of deed 2014, No. 138, No. 138, No. 1994

B. E’s acquisition of shares in Defendant D Co., Ltd. (hereinafter “D”). F Co., Ltd. (hereinafter “F”)

(G) Defendant D and E were the representative director, G Co., Ltd. (hereinafter “G”).

(2) On December 19, 2013, the Plaintiff newly constructed an officetel on the ground of the H business site 1,323.50 square meters in Namyang-si, Namyang-si, and sold it in lots, and thereafter, the ratio of shares in the profits therefrom = F: G stock company = 6: 2: A joint project agreement with the content that is to be allocated as 2/3 (hereinafter “instant joint project agreement”).

I, D Co., Ltd., Ltd., and D’s joint enforcement (out of change)

1. Effective Co., Ltd. I is a corporation that has become a shareholder of F and D in proportion to 50:50, respectively.

2. The representative director of I Co., Ltd. shall be appointed as joint representative of F and two representative directors of D;

2) Afterwards, F, Defendant D, and G agreed to establish a separate corporate chain I to carry out the instant joint project, and agreed to modify the instant joint project agreement as follows. 3) At the time of the amendment agreement on the instant joint project agreement, G agreed to refrain from the parties to the instant joint project agreement, and instead, E agreed to transfer half of the shares (5,000 shares) of Defendant D from Defendant D.

4) Therefore, 5,00 of D’s 10,000 shares (e.g., 5,000 shares) of D’s 10,00 shares (e.g., 5,000 shares) shall be J for the representative director and 5,000 shares (hereinafter “the instant case”).