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(영문) 서울중앙지방법원 2017.08.24 2016가합510483
사해행위취소
Text

1.(a)

Defendant C and E Co., Ltd. are 100,00 shares out of the shares listed in [Attachment List No. 2].

Reasons

1. Basic facts

A. 1) The Plaintiff is a legal entity established in the case system, and its representative director is F. 2) E Co., Ltd. (hereinafter “E”) is a legal entity established for the purpose of carrying out management consulting business, investment advisory business, establishment and management of private equity funds, corporate merger, acquisition, mediation and consultation business, etc., and its representative director is G, the United States of America.

3) Defendant B Co., Ltd. (hereinafter “Defendant B”).

The insurance agency is a corporation established for the purpose of running the real estate consulting business, the management consulting business, etc., and the defendant C Co., Ltd. (hereinafter “Defendant C”).

(2) The Plaintiff and E have invested USD 5,00,000 in the US currency (USD) and USD 3,205,000 in the Australia currency (AUD) on September 15, 2014. For E, USD 3,205,00 in the US currency (AUD) was made until October 2, 2014; USD 2,50,000 in the US currency (2,50,000 in the US currency) was made.

2) On September 19, 2014, the Plaintiff paid USD 2,00,000 in US dollars, and USD 3,205,000 in Australia on September 26, 2014. 3) The Plaintiff filed an application for provisional attachment with H Co., Ltd. (hereinafter “H”) holding E as the claim for the loan claim amounting to KRW 4,996,482,40 on September 17, 2015, the Plaintiff failed to pay the amount by the due date agreed upon by E, and received a provisional attachment order with the Gwangju District Court 2015Kahap5020 on October 1, 2015.

After that, the plaintiff executed provisional attachment as Seoul Western District Court 2015Ga860 on the share certificates subject to the provisional attachment 4,410,263.

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