logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2020.10.28 2019가단108844
사해행위취소
Text

1. Defendant D:

A. From March 1, 2017 to April 30, 2018, Plaintiff A’s KRW 20,000 and for this, KRW 18% per annum from March 1, 2017 to April 30, 201, and KRW 20,000.

Reasons

1. Basic facts

A. On November 13, 2015, Plaintiff B paid KRW 50,000,00 to Defendant D. Defendant D made a monetary loan agreement with the effect that the loan amounting to KRW 50,000,000, interest amounting to KRW 1,000,000, monthly interest amounting to KRW 1,000,000 (principal interest amount) and the maturity amount to KRW 2% until December 11, 2016.

B. Defendant D’s aforementioned from December 18, 2015 to Plaintiff B.

By June 18, 2017, the amount of 1,000,000 won was paid each month from June 18, 2017.

C. On June 30, 2016, Plaintiff A paid KRW 20,000,000 to Defendant D, and Defendant D paid KRW 500,000 for the said amount by February 2, 2017.

Plaintiff

C paid KRW 50,00,000 to Defendant D on June 30, 2016, and Defendant D paid KRW 1,250,000 for the said money until February 2017.

E. On February 11, 2019, Defendant D entered into a donation agreement with Defendant E on the real estate indicated in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer with Defendant E on February 22, 2019.

F. At the time of the instant donation contract, Defendant D did not have any particular active property other than the instant real property.

[Grounds for Recognition: Evidence Nos. 1 through 4-6, 7 through 10, Evidence Nos. 4 and 6-6, the purport of the whole pleadings]

2. Determination as to the claim against Defendant D

A. (1) The plaintiffs alleged by the parties (1) have a duty to pay each of the loans and damages for delay to the plaintiffs since they leased each of the funds to Defendant D upon receiving a request for the purchase of scrap metal from Defendant D.

(2) Defendant D’s assertion that Defendant D made an investment to F on behalf of the Plaintiff upon the request of Defendant D to make an investment as the opportunity for Defendant D to make an investment to Nonparty F. It did not borrow money, and Defendant D made an investment from Plaintiff A and C to Nonparty G. The same is the opportunity for Defendant D to make an investment to Nonparty B.

arrow