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(영문) 수원지방법원 성남지원 2021.02.18 2018가합408684

사해행위취소 등

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Around August 12, 2015, D Co., Ltd. (hereinafter “D”) entered into a contract with E Co., Ltd. on the content that it will receive from E Co., Ltd. the contract for BIM services for the development of the FIM (hereinafter “nyang Development Services”) for KRW 6 billion of the contract amount.

B. On September 1, 2015, the Plaintiff entered into a business partnership agreement on the provision of information and the promotion of joint business for profit-making business with the above D companies, as a stock company engaging in the business of software development, etc.

(c)

Since then, around December 7, 2015, the Plaintiff received KRW 1.65 billion from D, and immediately thereafter transferred the said KRW 1.65 billion to C Co., Ltd. (hereinafter “C”).

(d)

The representative of the plaintiff

G was the representative director of D

H, I, and the network J, a director of the company, deducted the funds of D through the Plaintiff and send them to the Defendant.

In order to assist the plaintiff's account with the knowledge of the fact that he/she was arbitrarily used, the above KRW 1.65 million was remitted to the plaintiff's account as advance payment, and immediately deposited it into the defendant's account to facilitate the embezzlement of H, I, and the deceased, and thus, a public prosecution was instituted against the Seoul Southern District Court under the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). The Seoul Southern District Court was sentenced to one year and six months of imprisonment and two years of suspended execution (2017 senior 534,572 (Joint)), and the above judgment was finalized on May 16, 2019.

E. On October 26, 2017, C entered into a contract under which shares listed in the separate sheet are transferred to the Defendant for KRW 2.5 billion (hereinafter “instant contract for the purchase of shares”).

According to the above share sales contract, the defendant completed a new statement after receiving the share certificates of this case from C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's claim for damages against C is alleged.