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(영문) 서울남부지방법원 2019.08.22 2016가합109575
사해행위취소
Text

1. Defendant D: (a) 275,034,930 won to the Plaintiff (Appointed Party); (b) 175,689,900 won to the Appointor J; and (c) 143,184 to K.

Reasons

1. Basic facts

A. On July 18, 2014, Defendant B transferred the instant wedding business to Defendant D with KRW 4,100,000,000, which operated the wedding hall (hereinafter “instant wedding hall”) in the name of “V,” under the name of “V,” by leasing the 5,6th, and six floors of U.S. commercial buildings located in Sung-gu, Seongbuk-gu, Sungnam-si.

B. On July 2014, Defendant D promised to pay a certain amount each month, in return, received KRW 400,000,000 from Defendant E, KRW 300,000,000 from Defendant G, and KRW 200,000,000 from Defendant H as investment or loan money, and used it as the acquisition price of the instant wedding.

C. Defendant D completed the payment of the balance of the transfer price on July 31, 2014, and completed the registration of the instant wedding on August 8, 2014.

The Plaintiff and the designated parties supplied goods necessary for the instant wedding to Defendant B or Defendant D or lent money to Defendant D as business bonds.

The balance of goods and the amount of loans by the plaintiff and the designated parties shall be as shown in attached Table 2.

E. Defendant D transferred the instant wedding business to Defendant I on August 1, 2016, and did not participate in the business from that time.

On August 12, 2016, Defendant I transferred the name of the instant wedding business operator to Defendant D on July 12, 2017, and Defendant F transferred the name of the business operator to Defendant F on February 8, 2019, and Defendant F transferred the wedding to W, etc. on February 28, 2019.

F. When Defendant D operates the instant wedding hall, he/she acquired KRW 400,000 as a security deposit for the wedding business, KRW 7.5 million as a price for goods, and acquired KRW 30 million as a security deposit for the fireworks business, and acquired KRW 7.5 million as a price for goods by defraudation from O on May 30, 2019 (U.S. District Court Decision 2018No6838), and is currently under detention (Supreme Court Decision 2019Do8467).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 5, 6, 8, Gap evidence 11 through 40, Gap evidence 46, Eul evidence 1, 2, and Eul.

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