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(영문) 서울고등법원 2016.01.22 2014나55125
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

The plaintiff succeeding intervenor's claim is dismissed.

2. The plaintiff and the defendant have arisen.

Reasons

1. The facts under the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 12, Eul evidence Nos. 1 and 8 (including each number; hereinafter the same shall apply), a significant fact in this court, and the testimony of the witness G of the first instance court by taking into account the overall purport of the pleadings.

(1) Section B (hereinafter “Nonindicted Company”) was changed from “A” to “A” on December 6, 2010 to a company that manufactures information communications devices and components.

F, as the husband of the Plaintiff, purchased and sold the shares issued by the Nonparty Company with the funds located in the securities account of the Plaintiff’s Intervenor’s Intervenor (hereinafter “ Intervenor”), H, and I, who is the representative director of the Nonparty Company.

(2) On October 6, 2010, Non-Party Company, Non-Party Company D, and E jointly issued and delivered to F two copies of Promissory Notes (hereinafter “each Promissory Notes of this case”) with the face value of KRW 240 million and face value of KRW 360 million, each of which was due on October 6, 2010.

On October 6, 2010, each of the Promissory Notes No. 2112 and No. 2113 was drawn up by a notary public, stating that each of the Promissory Notes in this case had a written consent to compulsory execution.

(3) On April 20, 2012, the non-party company entered into a contract with the Defendant to claim the return of shares (hereinafter “instant contract”) with the effect that the non-party company transfers the right to claim the return of shares to the Defendant, such as the non-party company’s shares (attached Form) in the custody period, to the Korea Securities Depository, at KRW 1.5 billion.

On the other hand, F committed suicide on March 2, 2012 due to the shock that D and E escape from Korea to a foreign country and that the creditors, including intervenors, were forced to leave their obligations.

2. The parties' assertion

A. On October 6, 2010, the plaintiff and the plaintiff succeeding intervenor F are under the joint and several guarantee of the representative director D and E of the non-party company.

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