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(영문) 서울고등법원 2015.09.02 2014나2027225

기타(금전)

Text

1. The plaintiff (Counterclaim defendant)'s appeal and the plaintiff (Counterclaim defendant)'s preliminary claim added at the trial are dismissed, respectively.

2.

Reasons

1. The reasons why the court has accepted the judgment of the court of first instance concerning this case are stated as the reasons for the judgment of the court of first instance except for dismissal or addition as follows:

(main sentence of Article 420 of the Civil Procedure Act) The fourth 5-7 acts shall be followed as follows:

Of the above transfer proceeds, KRW 9.94 billion was paid on the date of loan implementation, and the remainder KRW 31.139 billion on the date of payment of the remainder on the ship balance, which is the object of transfer, through the Export-Import Bank of Korea.

The transfer price was determined at the present value by converting the claim for the remainder of the ship at the maturity of the future in consideration of the credit risk of the ordering company, the external risk of change, etc.

2) The Defendant is the amount higher than the transfer price, since it was before the loan maturity, the remainder of the ship, which is assets subject to transfer (such as before discount).

Upon receipt of the transfer, the Plaintiff entered into an additional asset transfer agreement with the Plaintiff four times as follows in order to replace the assets subject to transfer immediately. Upon replacement Nos. 1-3, the entire amount of the ship remainder was paid as the down payment for the remainder of the asset transfer agreement immediately before the transfer and the contract deposit for the asset transfer contract. Upon replacement Nos. 4, the Plaintiff and the Defendant paid all the transfer proceeds by paying the remainder of the asset transfer agreement No. 3 and the deposit amount for the asset transfer agreement No. 4. The ship remainder claim listed in the attached list No. 1 is replaced and excluded from the assets subject to transfer, and the remainder of the ship remainder claim listed in the attached table No. 1 was included in the new assets subject to transfer. The Plaintiff notified the transfer of the transfer of the remainder of the ship to the next table No. 3. 5, 19 through 6, 19.1) The Plaintiff and the Defendant did not have good financial standing and paid the remainder to the Plaintiff’s military personnel mutual aid association.