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(영문) 수원지방법원 2015.12.17 2013가합25371
사해행위취소
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The plaintiff's claim is dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On April 201, the Plaintiff attended the business explanation meeting of F Co., Ltd. (hereinafter “F”) in which E is a representative director, and invested in F from E, the Plaintiff was solicited by F to make an investment in the shares of national tax payment (stocks paid by a company in lieu of cash) and distribute high-profit profits. The Plaintiff invested in the amount of KRW 200 million. The F did not invest the Plaintiff’s said money in the shares of national tax payment, etc. and the F’s office was closed around October 17, 2011.

B. On January 3, 2013, the Seoul Central District Court 2013Gahap497, the Plaintiff filed a lawsuit against E and F, stating that “E and F shall pay 220,000,000 won to each Plaintiff and delay damages therefor,” on August 29, 2013, by deceiving the Plaintiff, as if they did not intend to purchase the shares of national tax payment in kind, and would bring profits to the Plaintiff by purchasing the shares of national tax payment in kind, and received money from the Plaintiff for the purpose of making investments.”

Accordingly, both parties appealed Seoul High Court Decision 2013Na65798, and the said court rendered a judgment that “E and F shall jointly and severally pay to the Plaintiff 5% interest per annum from October 11, 2011 to January 16, 2015, and 20% interest per annum from the next day to the date of full payment,” after deducting the money received from F the money invested by the Plaintiff from F. The said judgment became final and conclusive on February 6, 2015.

C. E donated the instant apartment Nos. 902, 902, 1, 902 (hereinafter “instant apartment”) to the Defendant, the wife on May 17, 2011 (hereinafter “instant donation contract”); and the Defendant on May 18, 201, with respect to the instant apartment, the Suwon District Court, the Dongwon District Court, the registration office, and the office of registry office, respectively.

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