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(영문) 부산지방법원 2015.06.24 2014나44700
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation on this part of the judgment of the court of first instance as to this part is consistent with the reasoning of the judgment of the court of first instance, except in the following cases: (a) Nos. 5, 2, and 12 of the judgment of the court of first instance; and (b) such reasoning is cited by the main sentence of

2. In light of the following circumstances where there is no dispute between the parties to the portion used in the complaint, or where the statement in Gap evidence Nos. 2, 6, and 8 (including paper numbers) is deemed to have been entrusted only to the defendant, by taking into account the following circumstances, it is reasonable to deem that the membership of the case was individually assumed the purchase fund for the purpose of owning the entire pleading B, and that only the name was entrusted to the defendant.

① With respect to the construction of Dosung Co., Ltd., Ltd., a SPC established by the Busan Savings Bank Group Group, Dong Jong-gun, Inc., and the development of SJ, D, E, F (C), G (C) and I (C) have been registered as shareholders or executive officers, and have used money in the name of payment deposited into the Busan Savings Bank account in their names.

② On July 5, 2006, KRW 6 million was deposited from the account under J’s name. On the same day, KRW 6 million was remitted from the account in B (National Bank KK and hereinafter the same shall apply) to the account in the Large Leisure Industry (hereinafter “Large Leisure Industry”).

③ On July 6, 2006, from each of the accounts in the name of D and I, KRW 1.5 million, F, and E respectively, and KRW 14.4 million in total from the account in the name of G (i.e., KRW 1 million x 2.1.5 million x 2.9 million x 2.9 million) were deposited from each of the accounts in the name of G. On the same day, from each of the above accounts in the name of D and I to the Large Leisure Industry Account (i.e., KRW 1., KRW 1.6 million and KRW 5.7 million in total (i.e., KRW 1., KRW 5.7 million) were remitted from each of the above accounts in the name of B.

④ Meanwhile, in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in Busan District Court Decision 2014 High Court Decision 875, B, including the same withdrawal details as the above (3), shall be carried out as an officer in the name from January 27, 2005 to February 10, 201.

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