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(영문) 서울중앙지방법원 2017.01.20 2015가합558204

사해행위취소

Text

1. As to the real estate listed in the separate sheet, the agreement between Defendant G and Defendant B was concluded on May 29, 2015.

Reasons

1. The following facts are established based on Gap evidence 1-1, 2, 2-1, 3-1 to 3, 4-1, 5-1, 2, 6, 13-1, 2, and 14-2, and 14-1, 2, and 14-1, 14-2, and 14-2, and the results of the inquiry to the Mayor of the Seoul Central District Court.

A. Nonparty H worked as the Plaintiff’s employee from April 1996 to August 7, 2005.

H as the head of the financial instruments office, while engaging in the Plaintiff’s financial management business, purchased commercial papers issued by Nonparty K K K K, which are operated by his her son upon Nonparty I’s request, and provided funds worth KRW 5 billion in total at the face value. In order to raise the recovery fund, Nonparty L corporation, operated by I, provided as security the Plaintiff’s fixed deposit amount of KRW 5.5 billion in borrowing KRW 5 billion from M Co., Ltd. (hereinafter “M”), and provided as security the Plaintiff’s transfer deposit amount of KRW 5.5 billion in borrowing KRW 5 billion in the name of Nonparty N Co., Ltd., which is an I’s seat, to raise funds for the collection of the above loans.

H When an investigation was conducted by the Financial Supervisory Service, etc. in relation to the above loan, H repaid the balance of the principal and interest of loan KRW 4 billion in his money as a compensation for damages incurred by the Plaintiff on July 26, 2005.

[H’s act of purchasing the above commercial papers was prosecuted as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) by Seoul Southern District Court 2005Da290, Seoul High Court 2006No493, and the judgment of conviction was finalized as to the purchase of the above commercial papers and the provision of the fixed deposit security]

H On February 23, 2011, against the Plaintiff, the above A.

The financing for I as described in the paragraph is made with the actual implied or consent of the plaintiff's officers to that effect. Therefore, the amount that he repaid to M is KRW 4 billion.