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(영문) 서울중앙지방법원 2016.10.14 2015가합575667
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Status 1 of the parties to the case and the parties to the case

(2) On December 31, 201, 201, when an investment was received from an unspecified number of unspecified persons under the pretext of the sale and purchase of bonds and securities, it was closed on the part of December 31, 201. 2) i, the vice president, the network K, L (General Director), M (Business Group Head), etc. were employed as executive officers of G.

Defendant B is the wife of the network K, Defendant C is the husband of M and H, and Defendant D is the former wife of L.

3) The Plaintiff is an investor who paid to G an investment amounting to KRW 135 million in total, which is KRW 45 million on July 8, 2011, KRW 40 million on July 15, 2011, KRW 30 million on September 2, 2011, KRW 100 million on September 2, 201, KRW 100 million on September 8, 2011, and KRW 135 million on September 8, 2011. (B) 1) G and 22 executives and employees, including the representative director I, were indicted at the Seoul Central District Court on November 29, 2013, and was finally declared guilty.

[2] On February 22, 2012, the Plaintiff filed a lawsuit against G and I seeking compensation for joint tort against the Plaintiff on May 29, 2015 (Seoul Central District Court Decision 2014Da9218, Sept. 18, 2015; Supreme Court Decision 2014No4732, 2015No230, Sept. 18, 2015). (2) The Plaintiff was sentenced to a favorable judgment (Seoul Southern District Court Decision 2012Da10389, Aug. 10, 2012) that “G and I jointly and severally paid to the Plaintiff the amount of KRW 142,736,00 and delay damages therefrom,” and that the Plaintiff took part in the said preliminary lawsuit against the Plaintiff on the grounds that he/she received money from each of the aforementioned Defendants, including N and N, and that he/she took part in the said preliminary tort on the grounds that he/she received money from the Plaintiff.

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