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(영문) 인천지방법원 2019.04.12 2017가합61071
사해행위취소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 350,000,000 and the interest rate thereon from December 5, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff transferred a total of KRW 3.5 million to the account of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) whose representative director is the Plaintiff or Defendant C in the name of the Plaintiff or Co., Ltd. (hereinafter “Defendant Co.”), as follows:

Defendant C 30,000,000 2015-12-29 Defendant Company 200,000,000-25 Defendant C70,000,000-20-25 Defendant C 2016-025,000,000 2016-27 Defendant C50,000,000 2016-05-27 Defendant C 350,000,000

B. The investment contract (hereinafter “instant investment contract”) signed on December 30, 2015 includes the following contents (only the main contents). The names and signatures of the Plaintiff and Defendant C are written, the corporate seal of the Defendant Company is affixed, and each page (or signature) is affixed.

Plaintiff C: Defendant C: The object of the Defendant Company: Gyeonggi-do E, F (2,381 square meters) - A-

1. Investment funds: A shall invest 350,000 won in cash to B in connection with the development of civil engineering works at the above destination;

2. Sector of business: Civil engineering projects and sales projects of the relevant destination;

3. Estimated earnings: approximately KRW 5.3 million (refer to the table of estimated earnings of the additional civil works and the sale of buildings in units).

4. Distribution of earnings: Gap (364,300,000,000/714,300,000 48.9%) (364,300,000/714, 300,000 51.1%)

5. Securing claims for investment funds: The investment funds of Gap shall be repaid as the top priority by transferring the ownership of Byung-owned real estate owned by Byung, the ownership of which is 100% of these shares, or providing them as security, when the project of the destination is to be discharged;

6. Preferential repayment of investment funds: 50,000 won out of the investment funds of Gap shall be preferentially repaid during July 2016.

7. Repayment of investment funds: A shall make a loan immediately after the lapse of the judgment of destination, and then repay A’s balance of investment funds by priority.

C. On July 4, 2017, Defendant C serves as the representative director of the Defendant Company, the Plaintiff and the creditor-mortgage-mortgage-holder as the Plaintiff, and the obligor and the Defendant as the Defendant.

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