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(영문) 대구지방법원 2016.11.17 2015가합3772
사해행위취소
Text

1. Defendant B’s KRW 126,126,480 as well as 5% per annum from December 4, 2015 to November 17, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff has operated Nonparty D Co., Ltd. (the trade name of September 2, 2014 was changed to E, hereinafter “Co., Ltd.”) as a shareholder and representative director.

B. On July 29, 2014, the Plaintiff transferred all assets (including stocks, etc. of Nonparty Company F) including the Plaintiff’s stocks and liabilities to Defendant B, and Defendant B entered into an agreement with the Plaintiff to pay a certain amount of debt (hereinafter “instant transfer agreement”) with Defendant B. The main contents are as follows.

A) Plaintiff A (B) and Nonparty F (B) Defendant B

1. B shall transfer and take over current stockholding to Byung, and Gap shall implement a change of representative to Byung;

2. Byung shall be responsible for and have the right of management for the company's business after changing the representative of Eul.

3. Byung shall repay on July 25, 2020, a sum of KRW 150,000,000 and KRW 50,000,000,000,00 in security interest, to A, among the debt amounts currently owned by Gap.

A at the same time, Byung shall pay 85 million won to Byung Co., Ltd. (A) Byung shall pay the same.) Byung shall pay Byung's site and building located in Daegu Northern-gu G (attached Form; hereinafter referred to as "each real estate of this case").

A) “A” refers to the amount of KRW 138,00,000 to “A” until August 29, 2014. At present, the first-class Daegu Bank will terminate until August 29, 2014. A, regardless of the order of priority not secured by the above-mentioned deadline, even if the registration is received on September 1, 2014 to a certified judicial scrivener, is not subject to objection. A does not object even if a security right is exercised upon the receipt of the above payment. A does not object even if a security right is exercised upon the repayment of the said money at the time of the full payment. However, A’s repayment of the said money from “A” and simultaneously termination of the said money by KRW 138,00,000 for G materials. The cost of creation and termination is borne by “A” (the cost of creation and termination on April 5, 2014).

6. Soldiers shall be 3.5 million won annual bonus.

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