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(영문) 수원지방법원 2020.05.12 2019가단538810
사해행위취소
Text

1. The plaintiff's primary claim and the first preliminary claim are all dismissed.

2.(a)

Attached list between the defendant and C.

Reasons

1. Basic facts

A. C and F established G Co., Ltd. (hereinafter “G”) around June 201, and held 5,000 shares among the total number of shares issued (C is owned in the name of the Defendant, the spouse of which is the spouse) and held 50% shares, respectively.

B. On February 17, 2014, between C and C, the Plaintiff acquired 50% of the said shares in F’s G in KRW 200 million, and entered into a partnership agreement with C with the Plaintiff, taking office as the representative director of the said company, to operate the said company together with C.

[2] The agreement of this case is "the agreement of this case" and the agreement (Evidence A 1) is "the agreement of this case"). The main contents of the agreement of this case are as follows.

2. On February 28, 2014, the Plaintiff shall acquire 50% of the equity shares in the F prior to February 28, 2014 in KRW 200 million.

3. The Plaintiff is appointed to the representative director of G on March 1, 2014.

4. The Plaintiff, as a representative director, shall exercise the overall right to operate G and assume the corresponding responsibility.

7. C shall acquire the Plaintiff’s share in KRW 200 million, regardless of the management status of G, if the Plaintiff wishes from January 1, 2015 to December 31, 2015.

Provided, That the time of payment shall be within three months from the date of notification of the intention of transfer of the plaintiff.

8. C and the Plaintiff shall make best efforts to manage the company to maximize profit-making.

9. C and the Plaintiff shall transparently operate G on the basis of the other party’s trust, and in no case shall serve as the other party.

[Attachment 1]

C. On February 25, 2014, pursuant to the instant agreement, the Plaintiff transferred KRW 200 million to G’s account under the pretext of acquiring F’s shares (hereinafter “instant investment”). D.

After acquiring F's shares, the Plaintiff worked in G from March 2, 2014, and worked as a representative director.

F up to June 2014, while operating the G with the Plaintiff, the F transferred the G’s business to the Plaintiff on July 16, 2014.

E. On November 27, 2015, the Plaintiff acquired the Plaintiff’s share pursuant to Article 7 of the instant agreement to C, and the instant investment money.

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