logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.07.12 2015가단83381
사해행위취소등
Text

1. The Defendant’s KRW 60,269,647 as well as the Plaintiff’s annual rate of KRW 5% from September 24, 2016 to October 18, 2016.

Reasons

1. Factual basis

A. On November 5, 2015, the Plaintiff filed a lawsuit for construction cost payment with respect to the Han River Construction Industry, Inc. (hereinafter “Ghan River Construction”), and was sentenced to a judgment in favor of the Plaintiff on the entirety, that the said judgment was finalized on November 27, 2015 as follows: “46,77,040 won and the interest rate of KRW 6% per annum from February 1, 2014 to May 14, 2015; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the date of full payment.” The said judgment was finalized on November 27, 2015 without filing a lawsuit.

B. On November 20, 2014, 201, the construction of this River determined the purchase price of the barge No. 7 (hereinafter “instant vessel”) as KRW 690,000,000 (where value-added tax is included, KRW 759,00,000) as to the barge No. 7 (hereinafter “instant vessel”) and concluded a sales contract with the Defendant on the following terms:

The following “A” refers to the Defendant: “A” means the construction of a river;

(i) Article 3 (Sale Price and Method of Payment;

1. The sale price of the mother ship shall be 690,000,000 won;

(Contract amount: 200,000,000)

2. Eul shall pay 200,000,000 won to Gap the down payment under this contract.

3. Payment of 200,000,000 won to A in full at the time of confirmation and delivery of the mother ship.

4. The down payment under the preceding paragraph shall be appropriated to a part of the sale price where it is delivered by the mother ship, and the remainder amount of KRW 490,000,000 shall be paid to A in exchange for the documents and redemption required for the delivery of the mother ship and the registration of ownership transfer by the mother ship.

C. On December 1, 2014, this River Construction: (a) delivered a ship to the Defendant on January 15, 2015 after completing the registration of ownership transfer on the instant ship; (b) the Defendant paid KRW 150,000 as the down payment on January 15, 2015; and (c) remitted total of KRW 526,10,000 as the purchase price until April 30, 2015; and (d) paid KRW 579,194,000 in total by remitting KRW 53,00 on May 15, 2015.

The plaintiff above A.

In accordance with this subsection and this final judgment.

arrow