logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.10 2013가합4824
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, at around 2005, lent 200,00 U.S. dollars 10,000 U.S. dollars to C by the end of December, 2008, respectively. On September 10, 2010, the Plaintiff settled that the Plaintiff loaned 3.6 million U.S. dollars to C by adding the loan principal and accrued interest to the loan principal and accrued interest.

On May 31, 2012, when converting US$ 360,00 into Korean won, a notarial deed of a monetary loan agreement was prepared with the purport that C shall pay 12 million won to the Plaintiff in 36 installments each month from May 31, 2012 to May 31, 2015.

B. On November 3, 2008, the Defendant lent KRW 600 million to C on May 3, 2009, and prepared a loan certificate in the name of the Defendant’s words D, and the real estate listed in the separate sheet as security for the loan (hereinafter “instant real estate”).

As to D’s maximum debt amount, 60 million won was set up. On October 27, 2009, the Defendant additionally lent USD 150,000 to C. (2) The Defendant did not repay each loan to the Defendant until April 2010, and the principal and interest of the loan up to that time was KRW 841 million.

C On April 30, 2010, the instant real estate was sold to the Defendant in KRW 1.92 million (hereinafter “instant disposal disposition”), and the principal and interest on C’s loan to the Defendant in the purchase price was deducted from KRW 841 million, and instead of paying the purchase price, the Defendant, instead of paying the purchase price, decided to pay KRW 720,000,000,000,000,000,000,000 for obligations to the Bank of Korea of creditors with senior collateral security established on behalf of C and obligations to creditors E with provisional attachment and KRW 30,000,000,000,000.

3. The defendant paid 720 million won to the Industrial Bank of Korea on April 30, 2010 and 300 million won to E, respectively, and the name of the Industrial Bank of Korea on the instant real estate.

arrow