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(영문) 인천지방법원 2017.12.29 2015가단248020
사해행위취소
Text

1. The plaintiff (appointed party) and the plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The F Co., Ltd. (hereinafter “F”) committed an act of receiving investments from many unspecified persons under the pretext of the sale and purchase of bonds and securities, etc., and closed down on December 31, 201, by having almost little of profits and only investors pay high-rate dividends.

B. H (Representative), I (Representative President), J (President), K (General Director), K (General Director), M (General Director), G (Business Group Chairman), etc. were working as F.

Defendant C is the wife of G, and Defendant D is the seat of G.

C. On December 3, 2010, Plaintiff A paid F an investment amount of KRW 5 million, KRW 50 million on June 3, 2011, KRW 7 million on July 29, 2011, KRW 600,000 on September 10, 201, KRW 98 million on October 7, 201, and KRW 98 million on October 7, 201, but was returned only KRW 38 million.

Plaintiff

B paid to F an investment amounting to KRW 13 million in total, which is KRW 5 million on May 6, 2011, KRW 5 million on May 12, 2011, and KRW 3 million on August 5, 2011.

E. Plaintiff E paid to F an investment amounting to KRW 12 million on July 11, 201, and KRW 10 million on September 8, 2011, but failed to receive a refund of KRW 10,452,80,000 among them.

F. At around November 2013, 22 executives and employees, including F, H, and G, were prosecuted for violating the Act on the Regulation of Fraud, Unauthorized Receipt, and Door-to-Door Sales, Etc., at the Seoul Central District Court, and were convicted and finalized.

G. On October 26, 2012, Plaintiff B filed a lawsuit against F for the return of invested amount acquired through deception by the Incheon District Court 2012 Ghana 153187, and was sentenced to a favorable judgment on February 15, 2013, ordering payment of KRW 13 million and an amount equivalent to 20% per annum from February 6, 2013 to the date of complete payment, and the said judgment became final and conclusive on March 12, 2013.

H. On November 9, 2015, Plaintiff A applied for an order to pay the F and H with respect to a claim for damages for investments made by Seoul Southern District Court 2015 tea70372, and jointly from the same court on November 20, 2015, with respect to KRW 60 million and KRW 5 million, respectively.

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