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(영문) 서울중앙지방법원 2016.01.27 2014가단5344956

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of premise;

A. The Central Savings Bank (hereinafter “Central Savings Bank”) established a loan of KRW 570 million to B on June 15, 1995 at the interest rate of 17% per annum. The repayment method consists of B’s subscription amounting to the above company, KRW 570 million, and KRW 12-month credit installments (contract No. C) with the maturity date on June 15, 1996, set off against the principal and interest payment date on June 15, 1996. In addition, the above company loaned KRW 50 million to B on June 28, 1995, and paid the principal and interest amount to B on June 28, 1995 at the same time as the repayment method, with the interest rate of KRW 50,000,000 which was subscribed to the above company and KRW 18-month credit installments (Contract No. D) which was due on June 28, 1992.

On October 29, 2002, the above court sentenced the above company B to pay 179,569,797 won and 25% interest per annum from June 4, 2002 to the date of full payment. The above judgment became final and conclusive on December 14, 2002.

3) On February 23, 2012, the said company was declared bankrupt by Seoul Central District Court 2012Hahap2, and the Plaintiff was appointed as bankruptcy trustee on the same day. 4) On October 10, 2012, the Plaintiff filed a lawsuit against the Defendant for the interruption of the extinctive prescription of loan claims based on the foregoing final judgment against the Defendant on July 24, 2013 (Seoul Central District Court 2013Kadan10464).

B An appeal filed by Seoul Central District Court No. 2015Na42406, but the appeal was dismissed on December 4, 2015.