사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 12, 2009, a mutual savings bank organized a credit transaction agreement with D Co., Ltd. (hereinafter referred to as E, May 29, 2009) with the credit limit of one billion won (the increase to 4.9 billion won), the agreement rate of 13% per annum, and 25% per annum. On June 11, 2009, the mutual savings bank entered into a credit transaction agreement with E, with the credit limit of three billion won per annum, 13% per annum, and 25% per annum.
C as the representative director of E corporation at the time, each of the above loans obligation was jointly and severally guaranteed.
B. Since then, E was unable to pay the remainder of the principal and interest of a loan without paying only interest until July 27, 2010. As of July 20, 2015, ① as of January 12, 2015, the remainder of the principal and interest of a loan (4,369,121,825 won and delay damages) and KRW 5,762,953,617 won, ② 209;
6. The remaining principal and interest of 2,658,447,176 won and delay damages shall remain 3,60,101,925 won.
C. From July 28, 2010 to March 12, 2015, C transferred KRW 1,111,972,562 in total to the bank account of Defendant A, the wife, by means of account transfer, cash deposit, etc., as indicated in the attached Form 3 payment list, and wired KRW 241,615,00 in total to the bank account of Defendant B (Defendant A and Defendant B (hereinafter “Defendant B”) from October 1, 2013 to June 9, 2014, as indicated in the attached Table 4 payment list.
Since then, Defendant A transferred KRW 633,120,305 to each account, and Defendant B transferred KRW 3877,000 to each account.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. Determination as to the cause of action
A. 1 Plaintiff’s assertion 1 Plaintiff transferred money to the Defendants in excess of debt due to joint and several debt obligations as shown in the attached Tables 3 and 4, to the Defendants.
The above money and C constitute a gift and the part in [Attachment 1 and 2] list equivalent to the difference between the money transferred again from the Defendants, that is, a fraudulent act.