(영문) 인천지방법원 2020.01.17 2018가단254590

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(영문) 인천지방법원 2020.01.17 2018가단254590

사해행위취소

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1. The sales contract was concluded on October 2, 2018 between the defendant and the non-party corporation D with respect to the motor vehicles listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On March 16, 2017, the Plaintiff is a non-party D Co., Ltd. (hereinafter “non-party D”) company (hereinafter “non-party company”).

(2) The loan agreement of this case (hereinafter referred to as “the loan agreement of this case”) with the total amount of the loan of this case and 95,000,000 won, period of 60 months, interest rate of 4.9% per annum, interest rate of 24% per annum.

(2) As of September 5, 2018, Nonparty Company lost the benefit of time due to Non-Party Company’s failure to repay the principal and interest to Plaintiff from September 5, 2018, and as of October 17, 2018, the obligation of the instant loan to Plaintiff was KRW 71,138,901 in total.

B. On October 2, 2018, the non-party company and the non-party company entered into a contract for automobile sales and mortgage creation (hereinafter “the instant vehicle”) as indicated in the separate sheet with the Defendant (hereinafter “the instant vehicle”).

2) As to the sales amount of KRW 65,500,000 (hereinafter “instant sales contract”)

(2) On October 2, 2018, the Plaintiff and the Defendant entered into a mortgage contract (hereinafter “instant mortgage contract”) with respect to the instant automobile as “mortgaged Defendant, Nonparty Company, and the amount of claim KRW 70,000,000,000,” and completed the mortgage creation registration as the recipient of the Busan Metropolitan City vehicle registration office on the same day.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1-3, Gap evidence 2-1, 2, Gap evidence 5, 13, Eul evidence 1, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. According to the facts found as above, on October 2, 2018, at the time of the instant sales contract and the mortgage contract, the Plaintiff owned the instant loan claim against the Nonparty Company, and thus, the instant loan claim is subject to the right to revoke the fraudulent act.

B. We examine whether the fraudulent act was established or not, and whether the above evidence and evidence Nos. 8-1 to 3, and No. 9 to 1.

유사 판례

-인천지방법원 2020.01.17 2018가단254590

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