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(영문) 대전지방법원 2012.07.26 2010가합11051
사해행위취소
Text

1. The transfer/acquisition agreement entered into on July 30, 201 between the defendant and C with respect to the number of items listed in the separate sheet 1 is 646,157.

Reasons

1. The following facts are recognized in full view of the statements in Gap evidence Nos. 1 to 5, 19 to 22, 25, 26, Eul evidence Nos. 1, 4, 5, and 12 (including separate numbers, if any; hereinafter the same shall apply) and the purport of the entire pleadings as a result of the commissioned judge’s verification.

A. The Plaintiff and C entered into the instant trade agreement, from July 1997, agreed to conduct a partnership business in which landscaped trees are planted, managed, and sold jointly in the area of Seosan City D (hereinafter “instant partnership business”). At that time, the Plaintiff paid KRW 18,250,000 in cash to C, and C invested approximately KRW 70,000 in cash and goods, etc. in the instant partnership business.

B. Continuation 1) From the above time to May 2008, the Plaintiff organized books on the revenue and expenditure related to the instant business from the above time, and provided meals to the members employed to plant or transport landscaping trees. C leased land to plant or manage landscaping trees and secured and sold landscaping trees. The Plaintiff sold landscaping trees to the Plaintiff’s deposit account (CF) then transferred half of the remaining amount after deducting re-investment costs and expenses, etc. to C’s account or directly paid in cash once a month. Since July 2005, C deposited the sales proceeds, such as landscaping trees, into its own account (FF) by changing the above method, and then transferred the proceeds to the Plaintiff’s deposit account.

The distribution of profits according to the ratio of profit and loss distribution continued until August 2009.

3. The plaintiff is as above.

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