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(영문) 서울중앙지방법원 2017.05.30 2016가합556724
사해행위취소
Text

1. Defendant B: (a) KRW 20,000,000 to Appointers D; and (b) KRW 10,000,000 to the Plaintiff (Appointed Party) and the rest of the Appointors, respectively.

Reasons

1. Facts of recognition;

A. Defendant B and “N” entered into a joint investment agreement with Defendant B, around August 201, as well as Defendant B, recruited its members while establishing and operating an Internet NV Kafbook “N”. From February 2, 2014 to February 3, 2014, Defendant B offered a lecture on real estate auction procedure and auction-related techniques to the aforementioned recruited members. Defendant B (i) around April 2014, around 2014, Defendant B recruited members to participate in joint investment by holding a joint investment explanation meeting to the effect that “if the said carpet members make a joint investment of KRW 10,000,000 for an auction of real estate, the intermediate profits shall be distributed whenever profits accrue, and (ii) around October 2017, 2017.”

3) The Plaintiff and the designated parties, who are the aforementioned members, are joint investment agreements between Defendant B and Defendant B from April 23, 2014 to August 11, 2015 (hereinafter “instant investment agreement”). The period of the investment agreement between October 1, 2014 and October 1, 2017 (hereinafter “instant investment agreement”).

(2) The Plaintiff and the remaining designated parties paid KRW 10,00,000 to Defendant B, respectively, according to the instant investment agreement, and according to the instant investment agreement, D paid KRW 20,000,000 to Defendant B (in the case of the appointed parties D, it appears that two investment agreements were concluded in the case of two recommendations.

1.1.The principal of the investment amount of KRW 10,00,000 shall be paid to the Defendant B by the operator. 3. The remaining amount shall be refunded after deducting 5,00,000,000,000,000,000,000 of the investment principal, if he wishes to withdraw due to personal reasons, prior to the expiration of the period of the investment agreement (three years), after deducting the penalty under the above three.

5. Where profits are generated from goods invested, 10% of the profits, excluding the investment principal, shall be the expenses for official use.

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