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(영문) 부산고등법원(창원) 2019.01.17 2017나23021
사해행위취소
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked.

2.(a)

Attached Form

1.Paragraph 1. of the list of stocks.

Reasons

1. Basic facts

A. The Plaintiff’s claim, etc. against F. 1) The Plaintiff previously held 30% (42,00 shares) of the Defendant Company’s shares as the managing director of the Defendant Company. F held 30% (42,00 shares) of the Defendant Company’s shares as the managing director of the Defendant Company, and K held 40% (56,00 shares) of the Defendant Company’s shares as the representative director of the Defendant Company. 2) On November 29, 2012, the Plaintiff jointly purchased 20% of the Defendant Company’s shares as “each 100,000,000 shares of the Defendant Company,” and held 30% of the shares of the Defendant Company’s shares as the managing director of the Defendant Company, and transferred 10% of the shares to the employees, and paid 00% of the remaining shares to the other party as 5% of the shares, respectively.

3) On November 30, 2012, F entered into an agreement between the Plaintiff and F to purchase 40% of the shares of the Defendant Company owned by K as KRW 300,000,000 between the Plaintiff and F.

5) Until May 15, 2013, F did not proceed with the procedure that allows the Plaintiff to take office as a joint representative director of the Defendant Company. 6) The Plaintiff entered into an agreement with F on May 31, 2013, stating that “the rejection of performance on November 29, 2012,” and “the rejection of performance on November 29, 2012.” The Plaintiff was paid KRW 410,000 out of the transfer price from F until July 2013.”

7 The Plaintiff filed a lawsuit against F to claim the payment of the balance of the purchase price of the Defendant Company’s shares with the Changwon District Court Jinwon Branch 2013Gahap2149 against F who would not pay the remainder of the transfer price, and on April 2, 2014, “F from the above court” is KRW 390,000,000, and the Plaintiff.

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