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(영문) 서울중앙지방법원 2015.11.27 2014가합511482
사해행위취소
Text

1. Each of the acts of paying KRW 597,473,051 in the separate sheet against the Defendant of the Co., Ltd.

Reasons

Basic Facts

Related E is a company established separately in the form of a branch office by the J Co., Ltd. (hereinafter referred to as the “J”) in Seocho-gu Seoul Metropolitan Government F Building (hereinafter referred to as “D”), G, directors, and H, the head of the headquarters, and the above company is a company established separately in the form of a branch office to attract investors.

The plaintiff has invested KRW 590 million in D and suffered damage after having invested KRW 590 million, and the defendant is the head of G.

On July 2010, the circumstances leading up to the occurrence of the instant fraud damage and criminal punishment E explained to the Plaintiff as the representative director on July 1, 2010 that D, a financial institution, purchased non-performing loans at a low price, thereby creating huge profits through collecting them. In the event it receives money from the principal, he/she promised to guarantee the principal and pay the interest of 22% per annum under the thorough management of the principal.

In addition, in order to know the plaintiff, E intended to transfer the bonds that D purchased from financial institutions to the plaintiff as collateral and received money, E intended to manage it and pay the principal and interest through debt collection.

Accordingly, on September 29, 2010, the Plaintiff: (a) received KRW 290 million on December 24, 2010; (b) KRW 150 million on March 17, 201; (c) KRW 590 million on March 17, 201; and (d) agreed that KRW 290 million on September 29, 201; (b) KRW 150 million on September 29, 201; (c) KRW 18% on a yearly basis; and (d) KRW 150 million on a yearly basis; and (e) KRW 150 million on a yearly basis.

The credit card which was provided as a security to preserve the principal was merely a copy which has no security power under the law.

D The collection rate of non-performing loans purchased at the time was extremely low so that no profit has accrued, and no profit has accrued otherwise, while operating a serious business organization such as other branches, including D.

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