The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Basic Facts

The Plaintiff leased D KRW 150,00,000, totaling KRW 140,000,000 on June 25, 2013 and KRW 150,000,000 on June 27, 2013 at interest rate of 23.5% per annum. The Plaintiff has a claim equivalent to KRW 128,091,642 against D with partial repayment on August 8, 2014.

In around 2013, Slive Business Start-up Investment Co., Ltd. (hereinafter the non-party company) recruited new shareholders. On August 26, 2014, the new shareholders offered as above were listed in the list of shareholders, and the Defendants, who were the children of D, paid 10,000,000 shares (hereinafter the shares of this case) as stated in the separate sheet, were listed as holding shares of each 20,000 shares (hereinafter the shares of this case) as stated in D’s list.

The share certificates of the instant shares have not been issued.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 and 4, Eul evidence Nos. 5-2, Eul evidence Nos. 4 and 11, and the plaintiff's assertion of the purport of the whole pleadings is owned by D original. Since D transferred the shares of this case to the defendants around August 26, 2014 from debt excess status to the defendants, and transfer the shares of this case to the defendants on August 26, 2014. Thus, D's transfer of the shares of this case to the defendants as above constitutes a fraudulent act detrimental to the creditors including the plaintiff, and the defendants are obligated to transfer the shares of this case to D and notify the non-party company thereof.

Judgment

First, we examine whether the instant shares were originally owned D and D were transferred to the Defendants.

According to the evidence No. 5-1, No. 6, and No. 7, the non-party company paid the total of KRW 200,000,000 on June 25, 2013 as share price, and KRW 50,000,00 on July 5, 2013, in the process of inviting new shareholders, the non-party company paid KRW 200,000,000 from the account under D’s name as share price, and around that time, prepared a document stating “the shareholder registry.”