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(영문) 부산지방법원 2016.05.26 2014가합52189 (1)
사해행위취소
Text

1. Defendants B, C, and D are jointly and severally liable to the Plaintiff for the payment of KRW 2,089,221,980 to the day of full payment.

Reasons

1. Basic facts

A. On January 30, 2012, the Plaintiff entered into an agreement with G Co., Ltd. (hereinafter “instant company”) with the following content (hereinafter “instant agreement”).

The representative director H of the instant company shall be referred to as “A,” and the Plaintiff and five other persons shall be referred to as “B,” respectively.

Article 1 (Investment) The objective of this Arrangement is to provide for basic matters concerning the rights and obligations between A and B and to successfully conclude the project by winning all the incidental facilities such as land and its ground apartment and commercial buildings (hereinafter referred to as “instant project”).

Article 2 [Business Contents of I Apartment] ① A has business rights authorization, permission, lien, and other rights with respect to the project in this case.

(2) B shall invest KRW 6,000,000 ( KRW 6,000,00) in order to promote the project in this case.

Article 3 [Obligation A] ① A shall be fully responsible for the lien, sale in lots, execution and enforcement provided for in the notice of public auction.

2. A shall pay to B KRW 300,000,000 ( 6,00,000,000) of the investment principal, which shall be 30,000,000 ( 3,00,000,00) other than investment dividends.

(3) A shall pay 10% of the equity interest of a corporation to be awarded a successful tender to B.

④ 갑은 을에게 투자금 및 배당금을 담보하기 위하여, ㉠ 양산시 J, K, L ㉡ 양산시 M, N, O, P, Q ㉢ 양산시 R, S, T, U, V, W ㉣ 양산시 X, Y, Z, AA ㉠, ㉡, ㉢, ㉣ 각 토지에 관하여 채권최고금액 일백삼십억 원(\13,000,000,000)으로 근저당권 설정을 해주기로 한다.

5. A shall use B’s investment worth of KRW 6,00,000 ( KRW 6,00,000) only as the price of the IPT successful bid, and when used for other purposes, A may invest in other projects with the consent of B, and even in such cases, A shall proceed in accordance with the investment agreement.

Article 4 [Obligation of Section B] (1) B shall invest KRW 600,000,000 in respect of the goods for public sale as above.

(2) B shall enter into an agreement.

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