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Reasons
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(영문) 서울중앙지방법원 2014.09.18 2014가합502570
사해행위취소
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1. On October 28, 201, between Defendant B and D Co., Ltd., Defendant B and D Co., Ltd., Ltd., 1,080,000.

Reasons

1. Facts of recognition;

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

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

(2) The defendant C has worked as the representative director from January 16, 1995 to March 28, 1999, and held 99.9% of D’s equity interest, from September 5, 1995 to March 31, 1999. The defendant C has worked as the representative director of the defendant B and has 10% of the equity interest of the defendant B.

3) The Defendant C’s birth together with the Defendant C served as the representative director from February 1, 199 to December 26, 201. From March 30, 2002 to December 26, 201, the F served as the representative director of the Defendant B’s representative director. (B) On March 21, 2008, the Plaintiff filed a lawsuit claiming the return of loans against D with the 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 with the following contents. That is, “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 an opportunity for investment shall be discovered and presented. 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. D and F shall be jointly and severally liable for the Plaintiff’s debt of KRW 3.9 billion.

2) Around August 2011, F paid KRW 10 million to the Plaintiff. [Grounds for recognition] Facts without dispute, Gap evidence 1 through 3, 6, and 12 (including paper numbers) respectively.

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