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(영문) 대전지방법원 2016.05.19 2015나109537
사해행위취소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

The Plaintiff’s basic factual basis D’s claim is that the Plaintiff operates a salt farm in the Chungcheongnam-nam solar, and the E Co., Ltd. (hereinafter “E”) is a juristic person that runs the wholesale and retail business of salt, etc., and D as a director of E, was between the Plaintiff and high school-friendly.

In 2010, the Plaintiff and D imported one-lane salt from China in the name of E, and sold it in Korea, and distributed one-half of its profits.

In 2011, the Plaintiff, D, and F agreed to import two-lane salt in China (hereinafter “instant salt”) and sell it in Korea. The Plaintiff obtained a loan from a financial institution and invested the total of KRW 1,013,494,424 necessary for the salt import of this case. D imported salt in the name of B around 2011 and sold it in Korea.

At the time, the Plaintiff, D, and F agreed to share the profits and losses from the import and sale of the salt of this case in 4:3:3, and D transferred KRW 305,000,000 out of the salt sales proceeds of this case deposited into the E account to the Plaintiff, and deposited KRW 5,000,000 from KRW 6,00,000 to its account.

As of May 20, 2013, the loss incurred from the import and sale of the instant salt was KRW 708,494,424 (i.e., the Plaintiff’s investment principal of KRW 1,013,494,424 - KRW 305,00,00 that the Plaintiff received from D) plus interest, expenses, etc., and KRW 756,186,203; however, on May 20, 2013, the Plaintiff demanded D to pay KRW 226,85,860 (i.e., KRW 756,186,203 x 30/100) equivalent to the said KRW 756,186,203 (i.e., 756,186,203 x 30/100).

On June 11, 2013, the Plaintiff filed a lawsuit against D with the Incheon District Court 2013Gahap10945, and on January 24, 2014, the said court rendered a judgment that “D shall pay to the Plaintiff 226,85,860 won, and 5% per annum from May 21, 2013 to January 24, 2014; and 20% per annum from January 25, 2014 to the date of full payment.” The said judgment on February 21, 2014 is as is.

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