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Reasons
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(영문) 서울중앙지방법원 2015.07.02 2015가합511281
사해행위취소
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1. The sales contract concluded on October 18, 2013 with respect to the shares listed in the separate sheet between the defendant and C shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) around July 2, 2009, the Plaintiff loaned KRW 200 million to C at the maturity of October 1, 2009 and interest rate of 12%. 2) On August 21, 2009, the Plaintiff set the repayment period of KRW 300 million to C at KRW 12% per annum.

B. As the Plaintiff and C did not repay the above debt, the Plaintiff filed a lawsuit against C with the Seoul Southern District Court (Seoul Southern District Court 201Gahap17444) on September 8, 2011, the said court rendered a judgment that “C shall pay to the Plaintiff KRW 589,753,424, and KRW 500,000 as to KRW 50,000,000 from January 29, 201 to February 11, 2011, and KRW 20% per annum from the following day to the date of full payment.”

3) On the above judgment, C appealed to the Seoul High Court (Seoul High Court 201Na82102), but the said court dismissed C’s appeal on April 4, 2012. (4) The said judgment became final and conclusive on April 24, 2014.

C. C’s acquisition of shares 1) D Co., Ltd. (hereinafter “D”).

C, its representative, held 40,00 shares issued by D. 2) D additionally issued 80,00 shares on May 15, 2013 and 60,00 shares on September 25, 2013.

3) C new shares D with 140,000 weeks (this shares are as listed in the separate sheet) issued twice as above.

hereinafter referred to as “instant shares”

D. The Plaintiff’s seizure of D Shares 1) On October 27, 2014, the Plaintiff applied for a seizure order against D Shares 40,000 shares, which were held by C, to the Seoul Eastern District Court, with its enforcement title, and received a seizure order against D Shares 40,00 shares from the above court.

(Seoul Eastern District Court 2014TTTT 16468). 2) On November 24, 2014, the Plaintiff filed an application for the issuance of a special cash for the shares seized under the above stock seizure order (the transfer order was issued) with the enforcement title of the above court.

(e) C-.

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