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(영문) 광주지방법원 2017.02.02 2014가합58759
사해행위취소
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiffs the amount of KRW 357,79,99 and the interest thereon from October 31, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant E’s investment in Defendant C Co., Ltd. (hereinafter “Defendant E”) around March 2, 2012, Defendant E is the Defendant C Co., Ltd. (hereinafter “Defendant Company”).

(C) The term “instant building” means an urban-type residential house (hereinafter referred to as “instant building”) on the north-gu Seoul Special Metropolitan City J and K ground between Nonparty I and Nonparty I, the representative director of Nonparty H and Defendant Company.

(2) Defendant E entered into a joint agreement with the content of investing in the new business: (a) pursuant to the said joint agreement, from March 2, 2012 to April 22, 2013, Defendant E paid the Defendant Company an aggregate of KRW 729,000,000 (hereinafter “instant primary investment amount”); and (b) from November 15, 2013 to February 10, 2014, an aggregate of KRW 560,000 (hereinafter “instant secondary investment amount”).

B. On January 9, 2014, the Plaintiffs: (a) leased KRW 300,000,000 to the Defendant Company at an interest rate of 3% per month; (b) 25% per annum; and (c) April 8, 2014, respectively (hereinafter “instant primary loan”).

(2) On February 18, 2014, the Plaintiffs respectively leased KRW 100,00,000 to the Defendant Company at an interest rate of 3% per month, 25% per annum, and 18 March 2014.

(hereinafter “instant secondary loan”). C.

(1) On February 18, 2014, the Defendant Company completed the registration of ownership transfer for part of the instant building to Defendant E and Defendant F and G, designated by Defendant E, in return for the investment of Defendant E, completed the registration of ownership transfer for partial sections of the instant building on March 3, 2014.

3) After that, Defendant Company’s employees D and above Defendants E, F, and G, the employees of Defendant Company, are the following sections of the instant building (hereinafter referred to as “the instant building”).

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