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(영문) 대구지방법원 2020.01.09 2019가합200298
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and E share purchase 1) On August 21, 2014, the Plaintiff is the F Co., Ltd. under the name of E and E (hereinafter “F”).

(1) 41,60 shares (hereinafter “instant shares”)

3) As to the Plaintiff’s sales contract for share purchase of KRW 4 billion (hereinafter “instant 1 share sales contract”)

(2) On December 18, 2015, the Plaintiff concluded a share purchase contract with the purport that the Plaintiff would purchase KRW 25,000 of the F shares in the name of E and E in the amount of KRW 96,000 per share value of KRW 2.4 billion (hereinafter “instant share purchase contract”), and on the same day, the Plaintiff paid KRW 2.4 billion to E.

B. 1) The Plaintiff confirmed that 16,660 shareholders’ rights of 16,00 shares in the name of E were G between E and E, and confirmed that there is no obligation under the instant 1 share sales contract for the Plaintiff’s E, and E and the Plaintiff filed a lawsuit seeking payment of KRW 2.4 billion and delay damages received pursuant to the instant 2 share sales contract for the Plaintiff (hereinafter “instant 1 share sales contract”). However, the said court did not accept the Plaintiff’s assertion after its review, and on the ground that the instant shares were held in title by H to and around March 28, 2013, and the instant judgment was finalized on February 28, 2018 (hereinafter “instant judgment”). The said judgment became final and conclusive (hereinafter “instant 1 share sales contract”).

(2) Since then, E filed a lawsuit with the Daegu District Court (2018Gahap20273), claiming for the payment of unjust enrichment of KRW 150 million and delay damages therefor, on the ground that the deemed acquisition tax agreed upon by E to be borne by the Plaintiff against the Plaintiff was not imposed, and the Plaintiff filed a lawsuit against E and the Plaintiff with the same court.

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