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(영문) 서울북부지방법원 2017.02.10 2015가단146412
사해행위취소
Text

1. The share transfer contract concluded on March 26, 2015 with respect to the shares listed in the separate sheet between the defendant and D shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) filed an application with D for the determination of the amount of litigation costs with the Seoul Central District Court Decision 2012Kahap5409, and on February 5, 2013, it was decided that “The amount of litigation costs that D is to pay to the Plaintiff Company according to the above court Decision 2010Kahap3473 between the above parties is KRW 534,634.”

B. The Plaintiff Company filed a motion with the Seoul Central District Court for the determination of the amount of litigation costs against D as Seoul Central District Court No. 2012, Apr. 12, 2013. On June 18, 2013, the lower court rendered a decision that “The amount of litigation costs that D is KRW 9,967,560 shall be repaid to the Plaintiff Company according to the above court Decision 2008Gahap9273 Decided July 9, 2010 and Seoul High Court Decision 2010Na73620 Decided January 19, 2012.”

C. Plaintiff B filed an application with the Seoul Central District Court for the determination of the amount of litigation costs against D as Seoul Central District Court No. 2012Kao-436, Jun. 17, 2013, “The amount of litigation costs that D shall be repaid to Plaintiff B pursuant to the above court Decision No. 2009 Ghana16893 Decided February 17, 2010 between the above parties, was determined to confirm that D is KRW 896,170.”

Plaintiff

B filed a motion with the Seoul Central District Court for the determination of the amount of litigation costs against D as Seoul Central District Court No. 2012Kao446, Jun. 17, 2013, “The amount of litigation costs that D is to be repaid to the Plaintiff B according to the above court ruling No. 2010 Ghana5813, Sept. 1, 2010 between the above parties,” was determined as “The amount of litigation costs that D is KRW 354,630,00.”

E. Plaintiff B filed a lawsuit against D with Seoul Central District Court 2013Gada450907, and on May 2, 2014, Plaintiff B was sentenced to the judgment that “D shall pay the Plaintiff B 7,000,000 won and 20% interest per annum from June 11, 2013 to the full payment,” and the said judgment became final and conclusive around that time.

F. On March 26, 2015, D transferred (hereinafter “instant share transfer contract”) shares listed in the separate sheet (hereinafter “instant shares”) to the Defendant, one’s own punishment.

(2).

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