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(영문) 춘천지방법원 2020.11.19 2018나55187
사해행위취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3. Defendant B shall enter the attached list to D.

Reasons

1. Facts of recognition;

A. On February 1, 2013, Defendant B, along with the deceased E (hereinafter “the deceased”), has been jointly operating the deceased and the defendant company, who is a representative director, while in office as an internal director.

Of the total issued shares of Defendant Company 40,000 shares, the shares of this case were owned by the Deceased, and the remaining 16,000 shares were owned by Defendant B.

B. On February 6, 2014, the Plaintiff: (a) lent to the Defendant Company a 30% grace period on August 5, 2014; and (b) lent a 550 million won loan agreement (hereinafter “instant loan obligation”); and (c) on the same day, the Deceased drafted a notarial deed on the money loan agreement; (d) on the same day, the Defendant Company’s debt against the Plaintiff at the maximum amount of KRW 550 million and joint and several sureties (hereinafter “joint and several sureties obligation”).

C. While the Deceased died on March 28, 2014, D succeeded to the instant shares owned by the Deceased and the instant joint and several liability obligations of the Deceased against the Plaintiff.

D On January 31, 2015, when entering into a contract for transfer or acquisition of shares (hereinafter “instant agreement for transfer or acquisition of shares”) with Defendant B, Defendant B entered into an agreement for transfer or acquisition of shares with the content that would be paid 30% of the profits accrued when the business rights of the Defendant Company and Fresh Park Site Development Project (hereinafter “instant development project”) are transferred later from Defendant B (hereinafter “instant development project”), and written “each letter” (hereinafter “each letter of this case”) with the content that would be as follows.

Contracts for transfer or acquisition of stocks.

1. Name of shares 1) Name of corporation (corporate registration number): Category of shares C2: Ordinary shares;

2. Face value per stock: 1,000 won per day; and

3. Total number of stocks: Successful stock (40,000 stock).

4. The number of shares transferred: Interest-based shares (24,00 shares).

5. Transfer value of stocks: Conditional transfer million won (24,000,000).

6. Corporation business registration number: G.

7. Corporation location: A and B’s shares below H 3th floor in Gangwon-do.

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