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(영문) 광주고등법원 2016.11.11 2015나13385
사해행위취소 등
Text

1. Each of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

(b)with respect to a letter of commitment drawn up and sealed by BE and sent by facsimile of the Defendant’s office, the content thereof has been corrected by telephone call, and finally confirmed;

The contents of the final commitment (hereinafter referred to as “instant commitment”) are as follows:

30% of the amount of money to be paid for the reduction of capital of C and AG and 38 farm households, which purchased approximately 2013 after the provisional disposition is revoked, shall be received from the market shipment and other shipments as the head of the AO farming association and shall be repaid first by April 30, 2014, and the balance shall be paid first by June 30, 2014, and the defendant claims that the final declaration was corrected by September 30, 2014. However, there is no dispute between the parties to the other parts.

The obligation to repay to the farm. If the amount is less than 30% of the payment, the subsequent legal liability shall be the sole responsibility.

The above matters were agreed with C, AG, and 38 farmers, and the application for provisional disposition is revoked.

* It shall give notice to the farm household after completion of one warehouse work among 12 warehouses.

The representative director BE of the AP Farming Partnership on February 26, 2014 (sealed)

F. The Plaintiffs withdrawn the application for provisional disposition of this case after the completion of the instant letter of undertaking.

G. The Defendant sold part of the capital reduction of the instant case after the work for screening the capital reduction, and received KRW 622,581,094 as the sales proceeds.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 4, 5, Gap evidence No. 40, 46, Eul evidence No. 17 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Comprehensively taking into account the following, the Plaintiffs, the Defendant, and the APP.’s assertion: (a) the instant commitment was made in the Defendant’s office; (b) the Defendant’s representative director was involved in the process of revising the content of the commitment through telephone call with the representative director BE of the AP farming association; and (c) the Plaintiffs’ withdrawal of the application for provisional disposition of this case, thereby allowing the Defendant to sell the reduction

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