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(영문) 부산지방법원 동부지원 2017.02.16 2016가합100781
사해행위취소 등
Text

1. The main claim for the revocation of the fraudulent act among the instant lawsuits and the ancillary claim are all included.

Reasons

1. Basic facts

A. On February 20, 2009, Plaintiff I (hereinafter “I”) is a company established for the purpose of credit and securities trading business on February 20, 2009, and L is a person who was appointed as the representative director of the above company on February 20, 2009 and retired on October 11, 201.

Defendant B is the spouse of H, who is the president of the I’s business group, Defendant C is the spouse of J, who is the vice president of I, Defendant D is the children of K, who is the president of I’s business group, and Defendant E is the father of Defendant G, who is the president of I’s business group.

Defendant F is a general director of I.

I closed on December 31, 2011.

B. The Plaintiff’s investment 1) L has held an explanatory meeting as the representative director of I to purchase the shares paid in kind (the shares paid by the company in lieu of cash) through an auction, and thereafter has offered investors to realize high profits by listing or selling the shares purchased by enhancing the value of the relevant company. On March 3, 2011, the Plaintiff also attended the explanatory meeting at issue and was recommended to the effect that “if an investment in the shares paid in kind is made, the principal shall be guaranteed, as well as the principal shall be paid.” 2) The Plaintiff, from March 23, 2011 to September 1, 201, remitted KRW 175,00,000 in total to the I’s account from May 4, 2011 to August 31, 2011, received KRW 40,425,400 in total from the I to August 31, 2011.

3 Upon the suspension of the payment of dividends after the date of the suspension of the payment of dividends, L purchased the shares of the Jininin Savings Bank Co., Ltd. with the Plaintiff’s investment deposit, and August 1, 2011:

8. 31. The Plaintiff issued a sales contract and a certificate of stock storage for the shares of the Jinin Savings Bank. However, in fact, the Plaintiff paid only part of the down payment for the shares of the Jin Savings Bank with the Plaintiff’s investment deposit, but the sales contract was not fulfilled properly.

C. The Plaintiff’s lawsuit on L, etc. is against L, M, and N.

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