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(영문) 대구지방법원서부지원 2014.07.03 2013가합4709
사해행위취소
Text

1. Of the debt repayment contract between Defendant D Co., Ltd and E Co., Ltd., 650,000.

Reasons

1. Basic facts

A. The Plaintiffs are entitled to the total amount of KRW 186,737,166 for the Plaintiff Solomon C Co., Ltd., the total amount of KRW 162,687,305 for the Plaintiff A, the total amount of KRW 238,687,290 for the Plaintiff B, and the total amount of KRW 60,713,114 for the Plaintiff Samyang Steel Co., Ltd., the total amount of KRW 60,713,114 for the supply of goods after concluding a goods supply contract with E around May 2012.

H As the president of the I Co., Ltd. (hereinafter referred to as “I”), H has its J as the representative director of the Defendants Company and is involved in the management of the Defendants Company.

B. Around 2004, K established and operated E, and requested H to make an investment in around 2010, and prepared a memorandum of understanding that it will receive a loan within the limit of 1.5 billion won on the condition that it will transfer 7.5% of the shares of E between I and E. ; 2) After April 14, 2011, Defendant C Co., Ltd (hereinafter “Defendant C”) made a contract with E to lend funds within the limit of 1.5 billion won (the above limit has been increased to 60 million won on August 1, 201) between E and E, as shown in the following table 1:

3) Defendant D Co., Ltd. (hereinafter “Defendant D”)

) In addition, after concluding a contract to lend funds with E on August 17, 2011, the amount of KRW 3,050,000,000 to E was loaned to E on 13 occasions as shown in the following table 1 (hereinafter Defendant C and D’s loans, including loans to Defendant C and D, “the instant loan”).

c. E repaid the instant loan in excess of the debt, as shown in Table 1 below. (See Table 1: 4/15,000,000,000 24/18,000 2/18,000,000 35/250,000,000 4/16350,000,005 6/17,000,000 6/17,000, 6/1700,000 6/6/1860,000 67/18/1860,000 7/18,000 560,8/17420,000 8/29,008/120,000,000 120,000, 5/7,209/20, 5/200, 209/7, 200

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