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(영문) 서울남부지방법원 2015.11.20 2014가단64824
계약무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination

A. On November 6, 2014, the Plaintiff entered into a contract with the Defendant to transfer the company’s management rights and assets together with the company’s management rights to KRW 3,00,000,00. On November 10, 2014, the Plaintiff resigned from the representative director at the same time as the Defendant was appointed as the representative director at the same time. At the time of the contract, the said company had 60 investment shares ($ 1,400,000 per share) to the Construction Mutual Aid Association. The Defendant resigned from the representative director of the said company on November 24, 2014, and at the same time D was appointed as the representative director; E was on the position of the said company’s representative director on December 2, 2014; based on the notarial deed of KRW 750,000,000,0000 for the said company’s issued on December 2, 2014, the Plaintiff did not have any dispute between the Plaintiff and the entire Party Gap evidence No. 20163634.

B. The Plaintiff asserts that the Plaintiff acquired KRW 3,006,00,000 from the Plaintiff, which was aware of the fact that there was an asset equivalent to the investment certificates for the construction mutual aid association at the time of the contract, by acquiring the said company at low-price 3,00,000, by acquiring the said company as a company without knowledge of the fact at the time of the contract, and by taking over the said company at low-price 3,00,000, based on the false bill of exchange based on the notarial deed on the ground of E, thereby obtaining compulsory execution on the investment certificates from the Plaintiff.

However, on April 17, 200, the Plaintiff was serving as the representative director from office to November 10, 2014, and three persons, including the Credit Guarantee Fund, etc., who had served as the representative director from July 200 to September 200, when the Plaintiff had served as the representative director, were served as the provisional attachment of KRW 245,00,000 in total.

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