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Reasons
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(영문) 부산고등법원(창원) 2014.12.18 2013나21140
사해행위취소
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1. The judgment of the court of first instance is modified as follows.

Defendant A 307, 307, and 307.

Reasons

1. Basic facts

A. As of September 18, 2012, the Plaintiff has a claim to collect KRW 9,460,928,540, including value-added tax and corporate tax, from C Co., Ltd. (hereinafter “C”).

B. On February 15, 2008, C entered into a contract with Defendant A to purchase 90,000 won of the purchase price of Defendant A’s stocks listed in the attached Table issued by Defendant B Co., Ltd. (hereinafter “Defendant B”) from Defendant A (hereinafter “Defendant B”) (Article A No. 2-1, 2-1, 2-2).

Specific contents of the contract shall be as follows:

[Agreement on the Purchase and Sale of Stocks and the Acquisition of Management Rights] Article 1 (1) The defendant A shall sell this case as stated in the Schedule 1 held by the defendant A in accordance with this Agreement, and C shall purchase it.

(2) In accordance with the terms and conditions set out in this Agreement, Defendant A agrees to transfer the principal shares and the management rights incidental thereto to Defendant A and take over them from Defendant A.

Article 2 The total purchase price of the shares of this case shall be five billion won and shall be adjusted in accordance with Article 6.

(1) Article 3 (1) C shall pay to Defendant A the purchase price of KRW 1 billion equivalent to 20% of the total purchase price as the down payment on the date of this contract.

(2) C shall pay the balance to Defendant A an amount of 4 billion won equivalent to 80% of the total purchase price on (b) January 2008.

Article 4. The transfer of shares and the transfer of a holder shall transfer all of the shares to C at the same time with the payment of any balance under Article 3.2, and complete the transfer of the shares on the register of shareholders of the company in the name of C.

(1) If C fails to pay any balance within 30 days after the date on which C is obligated to pay the balance under section 11 (1), this contract shall be automatically rescinded, and if C violates or fails to comply with important matters under this contract, Defendant A shall be subject to this contract.

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