logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.12.09 2019나315880
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

On April 17, 2015, the Plaintiff leased KRW 100,000 to F Co., Ltd. (hereinafter “F”) KRW 2.94% per annum, the agreed delay damage rate per annum, 12% per annum, and three-year equal installment repayment method after a two-year grace period. The F’s representative director B guaranteed the F’s above loan obligation against the Plaintiff on the same day within the scope of KRW 120,00,000.

F From March 22, 2017, the interest on the said borrowed money was overdue, and on March 29, 2018, the F lost the interest on the said borrowed money due date. As of July 3, 2020, the principal and interest on the said borrowed money was KRW 114,357,184 in total.

On July 22, 2016, the Plaintiff leased KRW 200 million to C Co., Ltd. (hereinafter “C”) on July 22, 2016, by setting the rate of 4.02% per annum, the rate of delayed loss per annum, 12% per annum, and three-year equal installment repayment method after a two-year grace period, and the inside director B of C guaranteed the above loan obligation against the Plaintiff on the same day.

C as of March 13, 2018 due to the failure to repay the above loan repayment obligation after August 2017, C lost the benefit of the time limit for the above loan repayment obligation. As of October 2, 2018, the principal and interest of the above loan repayment obligation as of October 2, 2018 are KRW 217,606,242.

On the other hand, B completed on February 19, 2010 the registration of ownership transfer relating to 1/2 shares out of the instant real estate (hereinafter “instant shares”).

B, on September 21, 2017, the Defendant entered into a collateral security agreement on the instant real estate (hereinafter “instant collateral security agreement”) with the Defendant on September 21, 2017. As to the instant real estate, the Daegu District Court received the maximum amount of debt No. 141588, Sept. 26, 2017, concluded the registration of the establishment of a collateral security agreement with the obligor, C, and the mortgagee as the Defendant (hereinafter “the registration of the establishment of a collateral security agreement”).

【Ground of recognition” without any dispute, entry of Gap's 1 through 5, 7 through 14, and 19, and the gist of the plaintiff's argument as to the whole.

arrow