사해행위취소 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. Facts of recognition;
A. M, around 2004, set and leased each land listed in paragraphs 1 to 3 of [Attachment 2] of [Attachment 2] from H as the lease deposit amounting to KRW 100 million, monthly renting to KRW 5.8 million, and then constructed a building listed in Attached 2 List 4 (hereinafter “the instant marina building”) and a building listed in Attached 2 List 2 List 5 (hereinafter “the instant marina warehouse”) on that ground and operated the marina (hereinafter “the instant marina”).
B. On July 30, 2004, after running the instant marina, C and the Defendant took over business related to the instant marina in KRW 770 million, including the right to refund the lease deposit from M M to H, and on August 5, 2004, registered the business with the trade name “Em”, joint business proprietor C and the Defendant (50% of shares), and operated the instant marina together.
C. Since then, on September 8, 2005, the defendant discontinued with C, reported the withdrawal of joint business operators on September 8, 2005, and operated a marina at another place in Ulsan area. Since that time, C independently operated the instant marina and operated the retail store in attached Form 1 (hereinafter “instant business”). D.
On the other hand, from August 15, 2004, the Plaintiff received bills and the check of shares as collateral, lent operating funds to C after the maturity date after lending the operating funds. If C is short of repayment funds, the Plaintiff has made a monetary transaction by lending money again to C and settling the payment instead of the bill.
E. Of that, the Plaintiff lent C a total of KRW 2.5 million (= KRW 45 million) to C on June 7, 201, and KRW 50 million on June 28, 2011, and KRW 30 million on July 15, 2011 for the settlement of bills issued by C around May 201, and KRW 2.5 billion on July 25, 2011 (= KRW 45 million).
F. C is the instant case between the Defendant and July 11, 2011.