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(영문) 수원지방법원 2019.05.02 2018나74334
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

1. Basic facts of the request;

A. (1) After establishing H Co., Ltd. (hereinafter “Nonindicted Company”), Nonparty D was given investment funds from many persons who established a foreign legal entity and run a business such as FX M&D (one type of marginal transactions that obtain exchange marginal profits and interest rate marginal profits by investing in eight countries currency such as US dollars or U.S. dollars).

Nonparty C introduced the Plaintiff from Nonparty I (C and I are the chief manager of J University Management Graduate School) and recommended the Plaintiff to make an investment in money to the Plaintiff.

(C) (2) On April 1, 2015, the Plaintiff entered into an agreement to invest KRW 120 million (hereinafter “instant money”) with D on April 1, 2015 (hereinafter “instant agreement”). According to the written agreement of this case, the Plaintiff paid the instant money to D on the same day.

According to the instant agreement, the term of the investment agreement was set as “one year from the date of receiving the investment amount,” and upon the expiration of the said term, D shall immediately repay the instant amount to the Plaintiff, but if the Plaintiff did not make a written request to repay it to D one month before the said term expires, D shall automatically extend the term of the agreement by one year, and D shall include the content that it shall pay to the Plaintiff 2% of the monthly investment amount (2.4 million won per month) as profit dividends.

(3) As the Plaintiff, which had no common sense as D, indicated the concern about the principal loss to C, C, on April 2, 2015, issued and delivered to the Plaintiff a promissory note with the face value of KRW 120 million, the issue date of the issuance, April 2, 2015, and April 2, 2015, as of April 2, 2016, with the aim of securing the Plaintiff’s obligation to repay the instant money.

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