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(영문) 서울고등법원 2017.12.19 2016나2090067
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

Between the Defendants and limited liability companies I.

Reasons

1. Facts of recognition;

A. On July 1, 2010, a limited liability company I (hereinafter “debtor Company”) leased a building registered under the name of J (hereinafter “instant wedding”) from J to engage in wedding business, etc. after completing registration of business around July 1, 2010.

B. On August 5, 2011, October 6, 2011, a debtor company prepared a business partnership agreement with the same content twice, and entered into a business partnership agreement with the co-defendant E (hereinafter “E”) of the first instance trial. Article 3 of the instant business partnership agreement stipulates that the total amount of equity shares of 21 partners (the Defendants are written as all partners) as to the equity shares of the partners is KRW 12,186,45,984, among which the total amount of equity shares of the partners is KRW 143 billion, Defendant F is 1.2 billion, Defendant G is 50,500 million, and Defendant H is 50,000,000 won, and Article 4 stipulates that Defendant F10.69%, Defendant G is 86%, August 69, 201, and Defendant H is 1.68%, respectively.

C. On February 12, 2015, J decided to sell the instant wedding contract to 21 members specified in Articles 3 and 4 of the instant business agreement, including the Defendants, by distributing KRW 5,356,219,785 to the total number of 21 members specified in the instant business agreement, according to their respective shares. On February 12, 2015, Defendant F and the Defendants invested KRW 641,762,389; Defendant G were to receive KRW 41,957,120; Defendant H were to receive KRW 24,608,100 from each debtor company and to settle the instant business agreement (hereinafter referred to as “each of the instant settlement agreement”); on the same day, the Defendants invested the Defendants in the instant business in order to engage in wedding business in the instant wedding business in the instant wedding business in accordance with their respective shares ratio; on the same day, Defendant H was to pay KRW 24,608,100; on the same day, Defendant H and 26184,27,281,268.7.

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