(영문) 대구지방법원서부지원 2016.06.10 2015가합6136

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원서부지원 2016.06.10 2015가합6136

사해행위취소

Text

1. As to each real estate listed in the separate sheet No. 12 between the Defendant and A, a pre-sale agreement entered into on July 28, 2014 and July 20, 2014.

Reasons

1. Basic facts

(a) Occurrence of loan obligations and joint and several sureties;

(1) On July 25, 2011, A agreed that the interest rate of KRW 100 million for the commercialization of developed technology from the Plaintiff shall be 4.37% per annum, and the interest rate in arrear shall be 12% per annum, and the principal shall be repaid in installments during three years from August 26, 2013 to July 25, 201, and the interest shall be paid monthly from August 25, 201.

(hereinafter “A loan agreement”). B (hereinafter “B”) on July 30, 2014, the Plaintiff agreed to pay 3.37% (fixed interest rate) annual interest rate of KRW 250,000,000 from the Plaintiff, and the overdue interest rate of KRW 12% (fixed interest rate) on a yearly basis, and the principal shall be paid in installments for three years from August 30, 2016 to July 30, 2019, and interest shall be paid monthly from September 30, 2014, on a separate basis from interest, 3% of the operating income under the financial statements reported by the National Tax Service for each fiscal year after the loan shall be paid in addition to interest, as interest:

(hereinafter “Second Loan Contract”) and A, the representative director of B, guaranteed the loan obligation within the limit of 300 million won.

(hereinafter referred to as “instant joint and several sureties”. Consolidatedly, A and B did not pay the principal and interest each month under a loan agreement from September 2014 to May 18, 2015.

x. As of December 16, 2015, A, as of December 16, 2015, is KRW 345,190,282 of the principal and interest of a loan to be paid by A to the Plaintiff under a loan contract and a joint and several guarantee contract of this case [the principal amount of KRW 70,806,565 [the principal amount of KRW 6,3710,000,000,000)] 274,383,717 of the instant joint and several guarantee contract (=the principal amount of KRW 24,383,717,000,000,000). The principal and interest of a loan to be paid to the Plaintiff under a loan contract of this case is KRW 274,383,717,000,000 (the principal amount of KRW 250,000,000).

(Provided, That this is the amount excluding substitute payments to be paid by A and B to the Plaintiff).

Property Disposal A and B

(i) A.I.D.

유사 판례

-서울중앙지방법원 2015.11.30 2015가단55425

-의정부지방법원 2019.07.09 2019가단173

-서울중앙지방법원 2014.12.16 2014가단5164228

-전주지방법원 2020.06.09 2018가단24532

-대전지방법원 2018.09.20 2017가단222228