logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.07.11 2016가단54185
사해행위취소
Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 70,000,000 and KRW 20,000,000 among the aforementioned costs, from March 1, 2012 to 50.

Reasons

1. Basic facts

A. On February 29, 2012, the Plaintiff, a credit service provider registered as Jeju-si Loan E, set the maturity period of KRW 20 million to Defendant B, KRW 20 million on February 1, 2012, KRW 4% per annum, and KRW 39% per annum. On September 19, 2012, the repayment period of KRW 50 million was set at the rate of KRW 39% per annum, and the Defendant C jointly and severally guaranteed the Defendant B’s respective loans.

B. On May 20, 2015, Defendant C entered into a sales contract with Defendant D to sell each real estate (hereinafter “instant real estate”) listed in the separate sheet of his own ownership (hereinafter “instant sales contract”) at KRW 310 million, and completed the registration of ownership transfer on May 27, 2015 under Defendant D’s name with respect to the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2-2-3 through 10, Eul evidence 1-1, the purport of the whole pleadings

2. According to the above facts finding as to the claims against Defendant B and C, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 39% per annum, which is the agreed interest rate, from March 1, 2012, and from October 19, 2012, from the date following the due date for repayment to the date of full payment, with respect to the amount of KRW 20 million, which is KRW 70,000,000,000,000,000 from March 1, 2012 to the date of full payment.

3. Determination as to the claim against Defendant D

A. The Plaintiff’s assertion constitutes a fraudulent act, and thus the instant sales contract is revoked, and thus, seek compensation for damages against Defendant D as its restitution.

B. According to the above facts of recognition as to the occurrence of obligee's right of revocation, Defendant C, who bears the obligation to borrow a loan against the Plaintiff, has sold the instant real estate, which is the only property of the Plaintiff at the time of the instant sales contract, to Defendant D and has changed the said real estate into money easily for consumption. Such act by Defendant C becomes a fraudulent act against the Plaintiff, and in this case, the

arrow