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(영문) 서울서부지방법원 2018.06.21 2017가합39153
사해행위취소
Text

1. Defendant B’s KRW 425,00,000 and interest rate of KRW 15% per annum from March 22, 2018 to the date of full payment.

Reasons

Basic Facts

A. Defendant B is the representative of the F Co., Ltd. (hereinafter “Nonindicted Company”) and Defendant C reported marriage on July 22, 2003 between Defendant B and Defendant C, but on October 13, 2015, Defendant B and Defendant C have a Gborn child.

Defendant D is the seat of Defendant B, and Defendant E is the spouse of Defendant D.

B. The Plaintiff, while working as the head of the non-party company, provided the agreed investment amount to Defendant B, and received a certain amount of profit during the investment period from Defendant B. However, if the payment of profit promised by Defendant B is delayed for not less than three months, the agreement shall be deemed terminated, and the Plaintiff entered into an investment agreement with the purport of recovering the investment principal and profit, and paid to Defendant B an investment amount of KRW 1.2 billion as shown in attached Table 2.

(W) The contract shall be 1 billion won in total over five times. (C)

The registration of transfer of ownership in the name of Defendant C was completed as of September 3, 2002 by the court No. 48444, which was received on September 3, 2002, and the registration of transfer of ownership in the name of Defendant C was completed from Defendant C as of October 22, 2015, as of October 21, 2015, Defendant D and E (each 1/2 shares) with the purchase price of KRW 425 million on October 21, 2015 (the purchase price of KRW 475 million as of October 425, 2015 as of October 21, 2015, the registration of transfer of ownership was completed on the ground of the purchase price of KRW 425 million as of October 425, 2000.

Each of the instant real estates was completed on May 29, 2012 by Nonparty Company and Nonparty Company, the maximum debt amount of which was KRW 65,000,000, under the name of Nonparty Company and the maximum debt amount of KRW 65,000,000. However, the registration of establishment of a neighboring real estate was revoked on October 21, 2015.

E. As of October 21, 2015, Defendant B’s small property was liable to the Plaintiff for the following debt, while there was no particular positive property.

[Ground for Recognition]: Unsatisfy facts, Gap evidence 1 to 3, respectively.

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