logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2016.09.28 2016가단30698
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From March 2013 and July 2013, the Plaintiff supplied industrial robots worth KRW 50,820,000 to dlimte Co., Ltd. (hereinafter “dlimte”) and affiliated parts, components, cables, etc. related thereto.

Dlim test did not pay the remainder of KRW 31,820,000,000,000, out of the price of the goods.

B. On October 23, 2013, the Defendant entered into a sales contract on the real estate listed in the separate sheet owned by the dlimtech (hereinafter “instant factory, etc.”) and the ownership of the dlimtech (188/753 square meters of land for factory 275-16, Gumi-si, Gumi-si, Seoul Special Metropolitan City, with respect to electric power plant facilities located in the instant factory, etc., with a total of KRW 1.1 billion (value including value added tax, KRW 1,134,91,912), and agreed as follows:

(hereinafter referred to as “instant reservation and sales contract”). A special clause

1. 80 million won, out of the down payment, shall be paid on October 23, 100, and twenty million won shall be paid when the loans of the Industrial Bank of Korea are repaid in the presence of both parties on October 24, 190.

2. When a seller (referring to the dlimte) redeems bank liabilities before maturity, the buyer (referring to the defendant) shall pay them in gold within the limit of 40 per cent of the amount of the transaction at the time of the redemption before maturity.

3. Additional taxes on buildings shall be calculated on the basis of the current market price of buildings owned by the National Tax Service.

(see Attacheds to the Calculation Details of Building Supply Price)

C. On October 23, 2013, the Defendant paid KRW 80 million, which is part of the down payment, to the dlimte, and on October 30, 2013, paid the remainder down payment KRW 20 million.

On November 15, 2013, dlimtech completed the registration of the right to claim ownership transfer registration on the instant factory, etc. by the Daegu District Court No. 82520, which received on November 15, 2013.

E. On December 2, 2013, the Defendant borrowed KRW 700 million from the Industrial Bank of Korea for the payment of the purchase and sale balance, and paid the said KRW 700 million to Dlim. The remainder on the same day.

arrow