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(영문) 서울고등법원 2015.09.15 2014나2038232
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

D Co., Ltd. and the defendant on October 28, 201.

Reasons

1. Basic facts

A. Status 1) D Co., Ltd. (hereinafter “D”)

(2) The defendant and the defendant are corporations whose purpose is both corporate acquisition and merger mediation, etc.) C worked as D's representative director from January 16, 1995 to March 28, 199, and held 9.9% of D's equity interest. From September 5, 1995 to March 31, 1999, the defendant worked as the defendant's representative director and held 10% of the defendant's equity interest.

3) The Defendant’s representative director from February 1, 1999 to December 26, 201, F, a partner of C, worked as D’s representative director, and from March 30, 2002 to December 26, 201, the Defendant’s representative director was working as D’s representative director. (B) On March 21, 2008, the Plaintiff filed a lawsuit against D, such as a claim for the return of loan, against D, by Seoul Central District Court Decision 2008Gahap2686, March 21, 2008.

On November 28, 2008, the above court rendered a judgment that "D shall pay to the Plaintiff the amount of KRW 3 billion and the amount calculated at the rate of 20% per annum from May 29, 2007 to the date of full payment."

The above judgment was finalized on December 26, 2008.

2) On August 4, 2009, the Plaintiff and D and F agreed that “D shall pay the Plaintiff KRW 3.9 billion up to August 4, 2014, and shall be paid KRW 200 million within seven days from the date of this agreement, and shall be paid KRW 200 million at the end of June and the end of December each year from August 4, 2009 to August 4, 2014, and shall find and suggest opportunities for investment. Accordingly, the amount paid to the Plaintiff and the amount equivalent to 50% of the investment profits earned by the Plaintiff from the investment opportunity shall be deducted from the above KRW 3.9 billion in order from the above KRW 3.9 billion.”

2) Around August 201, F paid KRW 10 million to the Plaintiff. D. F Co., Ltd. (hereinafter “E”) as of January 4, 201 between D and D Co., Ltd. (hereinafter “G”) (hereinafter “E”), KRW 1,080,000.

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