logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2017.08.09 2016가단30698
구상금
Text

1. Defendant A and B shall jointly and severally pay to the Plaintiff KRW 106,260,000 and the same from May 15, 2016.

Reasons

I. Determination on the claim for monetary payment against Defendant A and B

(a) Indication of claims: as shown in Appendix 1;

(b) Applicable legal provisions: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

Ⅱ Determination as to the claim for revocation of fraudulent act against Defendant C and D

1. The facts below the facts are acknowledged in full view of the statements in Gap evidence Nos. 1 to 17 (including where there are serial numbers) and the fact inquiry results in Jinju as to the whole purport of the pleadings.

A. The Plaintiff has a claim for advance reimbursement as stated in the attached Form 1 cause against the Defendant B.

B. Defendant B’s disposal act of each real estate listed in the separate sheet was concluded between Defendant B and Defendant C on March 3, 2015 with regard to the purchase price of each real estate listed in the separate sheet as KRW 100 million (the first sale contract of this case). On March 4, 2015, each of the above real estate was completed as the receipt No. 10874 on March 4, 2015, and (2) on March 5, 2015 with Defendant D on March 3, 2015 (the two sale contracts of this case, including the first and second sale contracts of this case, and the first and second sale contracts of this case), and on March 10, 2015, the registration of ownership transfer was completed as of March 16, 2015 as indicated in the separate sheet.

C. As of March 3, 2015 and March 5, 2015, at the time when Defendant B entered into each of the instant sales contracts, Defendant B exceeded a larger debt (as of March 3, 2015 and March 5, 2015, the total market value of each of the real estate listed in the attached Table) than active assets (as of KRW 542,506,90 against a national bank, KRW 3,487,99,00 against a national bank, KRW 3,316,980,893, and the obligation against the Plaintiff, etc.).

2. Determination:

arrow