logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2021.01.14 2020나2028304
사해행위취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of appeal [the purport of the claim]

Reasons

citing the judgment of the court of first instance, the grounds alleged by the defendant in the trial at the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the trial at the court of first instance were different from the evidence submitted in the trial at the court of first instance, it is recognized that the facts of first instance and the judgment are legitimate.

Therefore, this Court's judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of the judgment, except the following parts.

Part 3 of the first instance judgment, 14-17-2, 17-2, of the first instance judgment, shall be cut down as follows:

2) On November 1, 2016, the Defendant: (a) borrowed KRW 2,100,000 from the Defendant on November 1, 2016, based on the above advertising price claim between the debtor company and the debtor company; (b) the Defendant prepared the instant lending and borrowing contract (hereinafter referred to as “fair”) with the terms and conditions that “the debtor company borrowed KRW 2,100,000,000 from the Defendant until November 1, 2016; and (c) until December 30, 2016, KRW 314,354,630 until December 30, 2016; and (d)61,672,695 won until January 30, 2017; and (e) KRW 652,78,858 won until February 28, 2017; and (e) interest rate shall be 4.6% per annum.”

The judgment of the court of first instance is 3: 2 to 4 Myeon 4 below.

The part of the port shall be described as follows:

"D."

On November 8, 2016, the debtor company and the defendant entered into a pledge agreement with respect to the shares listed in paragraph 1 (hereinafter “the shares of this case”) listed in the attached list, which the debtor company holds, as follows. On the same day, the defendant notified E Co., Ltd. (hereinafter “E”) that issued the shares of this case upon delegation from the debtor company of the establishment of a pledge agreement with respect to the shares of this case.

【A debtor company and the defendant will enter into a contract with regard to the establishment of the first priority pledge on the shares owned by the debtor company in order to secure the lending and borrowing of money (as defined in Section 2 below) and obligations incidental thereto.

arrow