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Reasons
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(영문) 부산지방법원동부지원 2020.10.21 2019가합104982
사해행위취소
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Defendant B shall pay 320,00,000 won to the Plaintiff and 12% per annum from August 20, 2019 to the day of complete payment.

Reasons

1. Claim against the defendant B (claim for a loan);

A. 1) The Plaintiff loaned KRW 130 million on March 4, 2013, and KRW 300 million on March 29, 2013, to Defendant B (hereinafter “Defendant”) operating D.

On March 29, 2013, the Defendant borrowed KRW 300 million, and prepared a loan certificate with the following contents and delivered it to the Plaintiff:

(A) No. 3, 200,000 won (hereinafter “this case’s loan certificate”). The Defendant, on April 1, 2013, decided to repay KRW 70,000,000,000 to the loan certificate, the above loan certificate was written as the loan amount after deducting the above KRW 7,30,000,000,000,000, out of the total amount lent until March 29, 2013). The money loan certificate was written as the loan amount.

1. Amount borrowed: 360,000,000 won;

2. Date of borrowing: March 29, 2013: The date of repayment: A company's investment bond determined by mutual agreement.

4. Loan interest: The obligor confirms that he/she has borrowed from the obligee on the following terms, as a dividend (40% of the profit after the settlement of all operating expenses):

:

1. The borrower shall pay interest on the loan as dividend, and shall pay it in cash to the creditor each month;

2. Payment in cash immediately after the expiration of a deadline when a company is cancelled or inevitable circumstances arise;

B) The Plaintiff additionally lent KRW 30 million to the Defendant on February 3, 2016, and KRW 30 million on April 10, 2017 (hereinafter referred to as “loan 1”) (hereinafter referred to as “loan 2”) to the Defendant.

(2) On April 1, 2013, the Defendant repaid part of the loan by remitting KRW 70 million under his/her own name and KRW 100 million under his/her spouse E on November 1, 2017.

(B) In addition, the Defendant’s transfer of KRW 3.6 million to the Plaintiff on April 9, 2014, but in light of the amount, it appears that the Plaintiff deposited as interest as the Plaintiff’s assertion. [The grounds for recognition] The fact that there is no dispute, the entries in Gap’s evidence 1 through 6, and evidence 8, and the purport of the entire pleadings.

B. According to the above facts of recognition, we examine the above facts.

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