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1.(a)
C and the defendant shall revoke the gift agreement of KRW 15,00,000 entered into on October 11, 201.
B. The defendant
Reasons
1. Basic facts
A. The Plaintiff’s damage claim 1) C is the Plaintiff Company D (hereinafter “D”).
(2) While holding office as the representative director, the Korea Asset Management Corporation: (a) purchased national tax payment shares purchased by the Korea Asset Management Corporation as a public sale, and solicited investors to sell them to the company that issued the relevant shares and make profits therefrom; (b) however, C or D did not have the ability to pay the principal or profits even if it received an investment. (c) The Plaintiff invested the total sum of KRW 135,000,000 in D as of July 8, 2011 to September 8, 2011.
Since then, the Seoul Southern District Court 2012Gahap100389 filed a lawsuit seeking compensation for damages arising from the payment of the said investment amount, and sentenced the above court on August 10, 2012 to pay 142,736,000 won and damages for delay against 135,000,000 among them. The above judgment became final and conclusive around that time.
(b) Claim based on the above judgment (hereinafter referred to as "claim of this case").
The Plaintiff’s claim 1) Meanwhile, on November 22, 2010, E entered into an investment agreement with D on November 30, 201, and transferred the amount of KRW 25,000,000,000 in total, and KRW 25,000,000,000 in investment on January 21, 201, and KRW 15,275,60,000,00 in total, to D as investment, and returned KRW 15,275,60 among them. 2) on November 10, 2015, E transferred the amount equivalent to KRW 9,724,000 in investment that was not refunded to the Plaintiff (=25,00,000, KRW 15,275,605, and 600 in total) to C around the time of transfer.
(C) As to KRW 9,724,40,00 from November 30, 201 to KRW 4,724,40,00, and KRW 5,000 from January 21, 201, the Plaintiff filed an application with the Seoul Central District Court for a payment order against KRW 201,00,00 with respect to KRW 9,724,40 from January 5, 201, and KRW 5,00 from the above court.