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(영문) 부산고등법원 2014.12.04 2014나2648
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Facts of recognition;

A. C as the actual operator of the Intervenor joining the Defendant, from March 3, 2011, to April 19, 2013, 201, his/her ancillary D, who was a representative director in the name of the Intervenor joining the Defendant, resigned on April 19, 2013, and later became the representative of the Intervenor joining the Defendant as the only internal director in the Defendant joining the Defendant.

B. On April 2, 2013, the Intervenor entered into a sales contract with the Defendant to sell the instant motor vehicle to KRW 471,00,000 (a separate value-added tax), and filed a report on the transfer or acquisition of passenger transport business (No. 1-3 and No. 20) with the competent Yangsan City Mayor on April 2, 2013, stating the time of transfer or acquisition of passenger transport business (No. 1-3 and No. 20).

C. C, separate from the disposal of the instant vehicle, decided to newly purchase eight tourist buses for business needs, and requested the actual operator N of the limited liability company M, for which the contract for the entrustment of loan introduction (record 318 pages) was concluded with the Plaintiff, to purchase the instant vehicle and arrange the loan.

N, upon soliciting the purchase of eight tourist buses owned by O Co., Ltd. (hereinafter “O”) on April 2013, 2013, N announced C that “eight tourist buses in the name of O may be purchased by means of offering eight tourist buses as collateral to the Plaintiff and borrowing KRW 670,000,000 from O.”

Accordingly, C entered into a loan agreement with the Plaintiff as of April 2, 2013 and April 3, 2013 to grant a loan of KRW 462,00,000 as of April 3, 201, and agreed to set up the first priority mortgage against the Plaintiff as security, and the Intervenor joining the Defendant jointly and severally guaranteed the above loan obligation against the Plaintiff.

C Furthermore, on April 4, 2013, applying for a loan of KRW 208,000,000 as additional funds for purchase of the remaining two parts for the same month.

5. The Plaintiff entered into a loan contract under the same conditions (mortgage creation and joint and several sureties of the Intervenor joining the Defendant).

At the time of the above loan contract, the Plaintiff shall pay the full amount.

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