logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.02.16 2015가단109745
사해행위취소
Text

1. The Defendant’s annual period from May 7, 2015 to February 16, 2016, as to KRW 47,896,672 and KRW 25,609,810 among the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On October 12, 2007, the Korea Exchange Bank Co., Ltd. loaned KRW 53,000,000 to the Defendant as a company-general loan.

B. On June 18, 2010, the Korea Exchange Bank transferred its claim against the Defendant to the non-party 1 company that is specialized in the third asset-backed securitization to the non-party 1. On September 30, 2013, the said limited company transferred its claim against the Defendant to the Plaintiff, and notified the Defendant of the assignment of claim.

C. As of March 17, 2015, the Plaintiff’s loan claims against the Defendant amounting to KRW 35,609,810, interest amounting to KRW 22,286,862.

During the litigation of this case, the Plaintiff received reimbursement of KRW 10,000,000 from Nonparty B, and paid the principal amount of KRW 10,000,000.

【Reasons for Recognition: Each entry of Evidence Nos. 1 through 7, and the purport of the whole pleadings】

2. The defendant's defense has a defense against the defendant's payment of the principal and interest of the loan. However, there is no evidence to acknowledge this. Thus, the above defense is without merit.

3. In conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 47,896,672 and KRW 25,609,810, whichever is the day following the delivery of a copy of the complaint of this case, to February 16, 2016, which is the day following the delivery of a copy of the complaint of this case, and KRW 6% per annum under the Commercial Act and KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Plaintiff’s claim is justified only within the scope of the above recognition, and thus, it is so decided as per Disposition.

arrow