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(영문) 서울중앙지방법원 2018.12.14 2016가단5149988

사해행위취소

Text

1.(a)

A contract of donation between Defendant A and C on March 3, 2016 with regard to KRW 10 million, which was concluded on March 3, 2016, and April 4, 2016.

Reasons

1. Basic facts

A. On April 3, 2008, the Future Savings Bank Co., Ltd. (hereinafter “BS Savings Bank”) extended a loan on October 3, 2008 (the repayment date was extended to April 3, 2009 as the amount of loan subsequently changed to 1.8 billion won) to D Co., Ltd. (hereinafter “SB”) on April 3, 2008 (the repayment date was extended to April 3, 2009); however, at the interest rate of 12% per annum (the overdue interest rate was 22%) (hereinafter “instant loan”); at the time, C, the representative director of the non-party company, jointly and severally guaranteed the instant loan obligation.

The balance of the principal and interest of this case is KRW 192,537,156 as of December 22, 2015 (the principal of the loan shall be KRW 8,372,311,00 until December 21, 2015).

On the other hand, the future savings bank was declared bankrupt on April 30, 2013 (Seoul Central District Court 2013Hahap54), and the Korea Deposit Insurance Corporation was appointed as the trustee in bankruptcy of the future savings bank.

B. On October 24, 2017, the Plaintiff filed a lawsuit against C in accordance with the above guarantee agreement and rendered a judgment that “C shall pay to the Plaintiff 192,537,156 won and 8,372,311 won with interest rate of 22% per annum from December 22, 2015 to the date of full payment (Seoul Central District Court Decision 2016Da527920)” (Seoul Central District Court Decision 2016Na527920). The above judgment was dismissed, and the appeal (Seoul Central District Court Decision 2017Na79693) became final and conclusive on July 31, 2018.

C. On March 3, 2016, C sold 22, 1005, Dong 22, and 1005 (hereinafter “instant apartment”) to F and G for 115 million won, and completed the registration of ownership transfer on March 7, 2016, which was jointly owned with Defendant A, as of March 3, 2016. However, Defendant A was paid the full amount of KRW 550 million, after deducting the obligation to refund the lease deposit that the purchaser intended to succeed from the purchase price.

(2) On March 3, 2016, KRW 20 million, out of the down payment of KRW 110 million, and KRW 90 million, the remainder of the down payment on March 4, 2016, and KRW 445 million on March 7, 2016). C in the instant case, on March 21, 2016, “1/3 or less shares out of the real estate listed in the separate sheet owned by oneself.”