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(영문) 인천지방법원부천지원 2019.02.14 2018가단108744
사해행위취소 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 50% of the shares of D Co., Ltd. (hereinafter “C”) are owned by the Plaintiff, and the remainder of 50% was owned by C in the name of the Defendant who was his/her spouse, and C was replaced by E as its representative director and operated D practically.

B. On December 31, 2010, the Plaintiff entered into a monetary loan agreement with D Co., Ltd. with the leased principal of KRW 2,069,40,800, the lending period of KRW 1 year (additional one year extension), interest rate of KRW 6.5% per annum, and transferred the said money to D Co., Ltd. on the same day and on the same day.

(hereinafter, the Plaintiff’s above credit against D Co., Ltd. (hereinafter “instant loan credit”).

E around February 28, 2011, around January 19, 2010 to September 6, 2010, C filed a complaint against C on the grounds that C used and embezzled the funds of KRW 2,516,105,00 for personal purposes, and E was charged for an accusation related to the above complaint, but E was not guilty on June 12, 2013, Incheon District Court Branch of Incheon District Court [2012 High Court Decision 284-1 (Separation), 1960 (Joinder)] found C not guilty on the ground that the crime of embezzlement against the money exceeding KRW 2 billion might be established, and the appellate court (Seoul District Court Decision 2013No1949) also acquitted the E on February 14, 2014, and the appellate court rendered a judgment not guilty of the crime of embezzlement against the crime of embezzlement against the E of the same on February 14, 2014.

Plaintiff

In addition, as Incheon District Court Decision 2013Hun-Ma463, the Plaintiff was indicted for committing the crime that the Plaintiff instigated and caused E to be innocent, but the judgment was rendered not guilty on August 25, 2017, on the ground that the non-guilty point of E, a principal offender, became final and conclusive, and the judgment became final and conclusive on January 19, 2019.

E. Meanwhile, on November 1, 2017, C entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) and the subsidiary court of the Incheon District Court.

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