logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.09 2015나31430
사해행위취소 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasons for the court’s explanation of this case are as follows: ① Defendant B’s “Defendant B” and “Defendant C” as “Defendant Co-Defendant of the first instance court”; ② each “7,932,000” as stated in the column of “value” as stated in the third page of the judgment of the first instance court as “7,923,000,” and ② Decision 2-B of the first instance court’s judgment as “7,923,000.”

In addition to the following cases, a claim shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the defendant.

In regard to the defendant's argument, the defendant lent money to the co-defendants of the first instance court, and received the establishment of the right to collateral security as a collateral for this, and the co-defendants of the first instance court used the money borrowed from the defendant to repay the debt amount of KRW 135,470,347 to the green industry, or to use it as operating funds, such as material and personnel expenses of the company that he/she operates. It argues that the continuous implementation of the business through financing is the best method to exercise the ability to repay the debt, and that it is inevitable to provide the defendant with real estate as collateral and to obtain additional loans for new funds, so the defendant's intention is not recognized.

Comprehensively taking account of the overall purport of the arguments as a result of the fact-finding inquiry conducted by Eul on the evidence set forth in subparagraphs 2 through 13 and on the head of the relocating Nonghyup Branch of the first instance court, the defendant shall lend to co-defendants of the first instance court the amount of KRW 10 million on January 20, 2012, KRW 50 million on April 5, 2012, KRW 50 million on February 4, 2013, and KRW 100 million on April 29, 2013, respectively. The co-defendant of the first instance court between the co-defendants of the first instance court and the defendant on April 29, 2013 at the interest rate of KRW 260 million on April 29, 2013, KRW 260 million on the loan rate of KRW 10 million on December 31, 2013, KRW 200 on the joint defendant’s maturity date of reimbursement of KRW 208,2013.

arrow