logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.07.15 2014나8646
사해행위취소 등
Text

1. Revocation of a judgment of the first instance;

2. Each shares in the name of the Defendants listed in the separate sheet between the Defendants and B (LB).

Reasons

1. Basic facts

A. On July 8, 2009, the Plaintiff: (a) lent KRW 200 million on July 8, 2009; (b) KRW 200 million on August 21, 2009; (c) KRW 550 million on March 24, 2010; and (d) KRW 100 million on July 12, 201 to the Plaintiff, who actually operated the E Co., Ltd. (hereinafter “E”); and (b) on January 17, 2013, the Plaintiff prepared and delivered a confirmation document that “The Plaintiff promises to pay the rent KRW 50 million and interest KRW 180 million on or before February 28, 2013.”

B. Meanwhile, on December 1, 2012, B transferred 4,000 shares out of 4,800 shares listed in the separate sheet (hereinafter “instant shares”) held by oneself to Defendant C, and 800 shares to Defendant D, respectively.

(hereinafter referred to as “transfer of each share of this case”). 【No dispute exists with the ground for recognition, entry of evidence Nos. 1-1 through 5, 2-3, and the purport of the whole pleadings and arguments.

2. Judgment on the main claim against the Defendants

A. According to the above facts based on the existence of the preserved claim, B is obligated to pay to the Plaintiff the principal and interest of KRW 730 million incurred until January 17, 2013, and thus, the Plaintiff’s claim for the principal and interest of the loan is subject to the obligee’s right of revocation claimed by the Plaintiff.

B. At the time of each share transfer contract of this case, 1B, in addition to loans of KRW 730 million against the Plaintiff, was liable for loans of KRW 500 million against M and N, and the Korea Credit Guarantee Fund was liable for loans of KRW 578,449,00 against the Plaintiff. There is no dispute between the Plaintiff and the Defendants.

Meanwhile, according to the results of the order to submit each financial transaction information to the branches of the Korea Credit Guarantee Fund, the Korea Technology Credit Guarantee Fund, the Korea Technology Credit Guarantee Fund, and the Korea Technology Credit Guarantee Fund, as well as the Korea Technology Credit Guarantee Fund to the branches of the Korea Technology Credit Bank, B was additionally liable for the joint and several liability amounting to KRW 179,775,00 for the Korea Technology Credit Guarantee Fund at the time of each share transfer contract of this case, and the obligation amounting to KRW 149,36,00 for the Korean National Credit Guarantee Fund

arrow